4» Foundation, for the educational support, | , 9 Mr. Vivek Alva, Trustee. Alva’s Educatig Dr. Kurian, Principal, Alva’s College, Mrs Gehanya K. S, Dean, Humanities Dept. Mr. Ashoka K g Hob, Department of Commerce Professional for 4), Hor agement and support, to Ms. Shravya Achar ang beloved ones for the motivation’to write this book, In writing this book I have received help from varioy, sources, which f acknowledge with gratitude. 1 am particularly grateful to Ms. Saman Syed, lecturer, Department of English, for the help in proofreading and editing this book. My sincere thanks to Mr. Naveen, Universal Kin, Publishers, Mangalore for the guidance, cooperation ang taking up the responsibility of publishing this book, I hope this book would meet the learning needs of the degree students. I am always eager to learn and impart knowledge. Any suggestions for the improvement of the book are welcome with respect. Educatiot grateful t Foundation, Moodubidre April, 2023 Mr. Dhananjaya Acharya Syllabus CONSTITUTION OF INDIA Ability Enhancement Compulsory Course (AECC) ‘nit 1 : Indian Constitution: Making and basic premise 10 Hours 1.1 Meaning and Significance of Constitution. 1.2 Constituent Assembly-Composition, Objectives 1.3 Preamble and Salient Features of the Indian Constitution. 1.4 Fundamental Rights, Fundamental Duties, Directive Principles Unit 2: Union and State Government 2.1 President of India -Election Powers and functions Structure and 11 Hours 2.2 Prime minister and Cabinet - functions 2.3 Governor - Power and functions 2.4 Chief minister and Council of Minister-functions Unit 3: Legislature and Judiciary 12 Hours 3.1 Parliament '- Lok Sabha and Rajya Sabha - Composition and powers 3.2 State Legislative Assembly and Legislative Council - Composition and powers 3.3 Judicial System in India- Structure and features3.4 Supreme Court and High Court : Composition Jurisdiction. 5 Unit 4: Governance and Constitution 12 Hours 4.1 Federalism in India- Features 4.2 Local Government -Panchayats-Powers ang fanctions; 73"' and 74% amendments 4.3 Election Commission -Composition, Power and functions ;Electoral Reforms 4.4. Citizen oriented measures ~ RTI and PIL- Provisions and significance 2. 3, 4. Contents : Making and 1. Indian Constituti basic premise . Union and State Government . Legislature and Judiciary Governance and Constitution Model Question Papers Previous Year Question paper Bibliography 1-45 46 - 67 68-99 100 -142 143 - 146 147- 148 149 - 150UNIT 1: - INDIAN CONSTITUTION: MAKING AND BASIC PREMISE 1.1: MEANING AND SIGNIFICANCE OF THE CONSTITUTION In the present globalized world, no State can be ima without a constitution, a constitution is essential to main order and to create a civilized society. By observing the significance of constitution in society, German law philosopher George Jellineck described ‘a state without Constitution is not fa state but a regime of anarchy’, Whole human history journey from anarchy to bringing order in different dimensions offlife and in society, it’s a never-ending process, the constitution is one of the basic foundational mechanisms to bring order in the state. In simple words the evolution of constitution can be considered as a movement from imperfection to perfection. For this evolution many great scholars, philosophers, revolutionaries of west and east dedicated their life. Constitution is essential for the effective functioning of democracy because it provides a framework for governance, no democracy can survive without a Constitutional values, structures and principles. ‘Meaning and Definition: - ‘The word ‘Constitution’ derived from the Latin word ‘constitute’ means ‘to compose’ or ‘to establish’ or ‘to form’. ‘The Constitution is ‘a composition or set of rules and regulations to regulate government and the governed,’ it evolved as a mechanism to secure freedom of an individual, protect rights of people and maintain order in a state. The Constitution consists of ideas, philosophy and vision of the Constitution framers, organs of government and their functions, rights of the people, dreams or aspirations of the society. Therefore, the Constitutionreme taw of the land’, based on w t cannot be up) Wheare: - Constitution is ‘a collection of wwern the government of the country and egal rules which go bodied in a document’, which have been em! ‘According to a A'V Dicey: - Constitution is ‘a body of rules which directly or indirectly affects the distribution ang exercise of the sovereign power of the state’. According to Georges Lewis: - ‘Constitution is the arrangement and distribution of sovereign power in the community or government’. ‘According to Maclver: - Constitution is ‘the law which governs the state’. According H Finer: - Constitution is ‘the system of political institutions’ or as ‘the autobiography of a power relationship’, According to Woolsey: - The Constitution is the “collection of the principles according to which the powers of the government and the rights of the government and the relationship between the two are adjusted”, Common Nature of all Constitution: In the present world, all nations have its own Constitution a = Constitution is unique in its own nature but even ough unique, most of the Constitutions hi ave a common nature: . nen 1, Written or Unwritten Constitution: - on atin: Contanion means a set of rules and regulations qecmmerment and governed are writen in a single integrated the Usk ag ltt eter written Constitution was drafted by cen ng ate many other States like France, Canada, and fed the same, Most of the nations that follow the itution: Making and Basic Pret system of government hi len their Constitution funetis of the dual government, And in other has an unwritten Con ion, for aystern country like Brita them historical treatie: Constitutional philosophers are in the form of documents but not as a arliamentary conventions, works of crve asa constitution. They too ingle integrated document. 2, Few Constitutions are evolved and few are formed by an elected body: - ‘The British Constitution is the best example for an evolved Constitution, evolved means the Constitution has been developed through historical events and is still growing. Major events in the history of the British Constitution are the origin of Magna Carta in 1215 after the civil war, parliamentary system and Bi of rights after the Glorious Revolution in the 17th century, ete. But many countries’ Constitutions were constituted by an elected expert's body in a given time period after the country’s independence. For example, the Indian Constitution was formed by an independent body called the Constituent Assembly in the period between 1946 and 1950. The similar method was employed even in the USA. 3. Determines the nature of relationship between the organs of government: All Constitutions deal with government body organs such as the Legislature, Executive and Judiciary, it determines power, authority and functions of each organ of the government and their functional relationship. 4, Rigid and flexible Constitution: ‘Constitution is said to be rigid when very difficult procedures are followed to amend the Constitution, provisions of the Constitution cannot be changed or altered in an easy way, for example the US Constitution. Flexible Constitution is whereIn Constitution the Constitution can be amenable to change in €4sy method gy procedure, fr example the British Constitution, 5, Determines the nature of relationship between the State and its citizens: - Earlier Constitutional system was introduced to restrict the power ofthe State through guarantying basic rights against the - absolute power. These rights give protection to the citizens o peoples living in concerned state and the constitution has made government is responsible to protect the rights of people. On the other hand, the Constitution obliges citizens to perform certain duties towards the State. Significance of the Constitution: ‘The Constitutional system of government evolved against the abuse of power, exploitation of the people, and to maintain order in the society. It is proven that the countries which adopted a Constitutional system of government had stable governments ‘and people's living conditions improved, which led to overall welfare of the State. It has been proved that Constitutional government is more effective than absolutism, therefore after ‘major revolutions indifferent parts of the world, nations adopted ‘Constitutional system of administration against the absolute system of government, Following are the significance of having Constitution in a State: 1. Constitution lays guiding principle to the government and tutions consist of eas, p Vision of the Con: Constitution en dies the principles of Tai the pinche Democracy, Republic, n of t sed on State Indian Constitution: Making and Basic Premise s The government must enact laws as per the Constitutional guidelines otherwise such law is considered as unconstitutional by the Judiciary. When the State acts according to the guidelines of the Constitution then naturally citizens show obedience to the State; this leads to growth of people and the State collectively. 2, Constitution limits the power of the government: - British historian Lord Acton made an observation that power tends to corrupt; absolute power corrupts absolutely. History has proven that absolute power in the hands ofa ruler has led to the harassment and exploitation of the people and finally resulted in revolution. Constitutional system is adopted to limit the power of the government and ensure that the government does not become arbitrary. The Constitution established legitimate authority to work for the public interest and protect the people ‘against exploitation, The most common way of limiting the power of the government is by guaranteeing Fundamental Rights to the citizens and establishing independent, Constitutional, judicial or quasi-judicial bodies. 3, Constitution protects the basic rights of the citizens: - Basic concern of adopting a Constitutional system is to restrict the power of the government through providing Fundamental Rights to citizens. Therefore, Fundamental Rights called as rights given against the State, these rights are essential for the welfare of citizens, These Fundamental Rights ‘are protected by the Constitution, if these rights are violated by the State or government, the Constitution has provided remedial ‘measures to enforce and protect the basic rights. In the Indian Constitution it has been guaranteed under Part IV, as six violated, citizens can approach the highest court to enforce their rights. 4, Constitution enables the State to work on realizing goals ‘and aspirations of the people: - nit aaIndian Constitution in the beginning of the Constitution, its major concern wag to establish structure of government, putting limitations o, government, allotting decision making power to legitimate snthorty, ete, But the 21st Constitution not only focuses on Structural aspects but also makes provisions to fulfill goals ang aspirations of society such as peaceful living, social ang economic equality, welfare and sustainable development. The Constitution made the government responsible to achieve these common goals. For example, in Indian Constitution, objectives given in Preamble, provisions of Directive Principles of State Policy motto is transforming India into a welfare state, 5. Constitution determines the functions of the government Across the world governments of various states function through three basic organs such as Legislature, Executive and Judiciary. The Constitution determines the authority and functions of these organs; Legislatures to make law, Executive to enforce law, and Judiciary to adjudicate disputes arising in the process of enforcing laws. It also indicates their interdependence and independence. This is essential for the smooth functioning of the government and to avoid ambiguity or Constitutional crisis in the interest of the people of State. ‘This significance proves that constitution is important mechanism to bring order in society and to promote democratic way of life in a society. 1.2: CONSTITUENT ASSEMBLY : ‘The demand for making of the Indian Constitution began in pa Faia century by eminent freedom fighters but the a ae in India by the British started the INC, Muslim League, ‘nt and political pressure from and others, the British government reforms through various acts, like Indian Constitution: Making and Basic Premise 7 Morley-Minto reforms 1909, Montego -Chelmsford reforms 1919, Government of India act, 1935, etc. These reforms might be introduced to suppress the freedom movement and to favor British interests or agenda but indirectly it laid the foundation for Constitutional reforms in India. However, the later phase of the freedom movement even forced the British government to establish a Constituent Assembly to frame a constitution for free India. Constituent Assembly was the democratic mechanism created with the objective of framing the Constitution for free India, it had elected representatives of the people as well as nominated members. Most of the countries after the independence from colonial rule, followed the practice of establishing Constituent Assembly to adopt the new Constitution. The beauty of this system is that it gives representation to the people in formulating the Constitution of their country. According to Abbé Sieyes (French political writer) Constituent Assembly is “an assembly of extraordinary representatives to reach the nation shall have entrusted the authority to make the Constitution or at any point to define its content”. ‘The Constituent Assembly gives an opportunity to the people to determine their own future political structure and the nature of polity of the state they want to live in. Evolution of Constituent Assembly in Indi © 1918: The first step towards a constitution for free India began in 191, INC Delhi session adopted a resolution demanding “the principles of self-determination should be applied to India” which means India’s destiny should be decided by Indians.Indian Constitution 1922 Later, on Sth January 1922, Mahatma Gandhi wrote about Swara) in ‘Young India’ journal, he said future ofthe ccuntry should be determined by the freely chosen representative of the nation’. 1927 : In 1927, INC in its Madras session decided to set up an all-party conference to draft the Indian Constitution, the all-party conference formed a committee under chairmanship of Motilal Nehru to draft Constitutional reforms. 1928: This committee submitted the report to INC in December 1928, then congress gave an ultimatum to the British government to accept the report demands by 31 December 1929 but unfortunately the report was not accepted by the British. This was the first major Indian effort to draft a Constitutional framework for India. 1934: In 1934, for the first time, a structured idea of Constituent Assembly was put forward by M.N Roy in a newspaper called ‘Indian Patriot’ but his idea was ignored by freedom fighting political organizations. 1935: However, in 1935, Indian National Congress official demanded formation of Constituent Assembly from British government. 1938: In 1938, INC, Haripura session Jawaharlal Nehru declared that ‘the Constitution of free India must be framed, without the outside interference and Constituent Assembly shall be elected on the basis of adult franchise’ 1940 : The British government refused to accept the demand ull 1990 but the British expected whole hearted support of Indian political parties in Il world war, for that British had given a proposal to accept Constituent Assembly demand of ne This event in India’s history is recorded as ‘August fer’ Indian Constitution: Making and Basic Pre government sent its cabin India in March 1942, wi Constituent Assem! dominion status of. failed, he returned to Lent Gandhi gave 2 call for ¢ 1946:-Indian Freedom British government in July 1945 wes elected government decided to as soon as possible and to establ To discuss this objective with Indians, government sent 3 cabinet ministers to | mission is named as the Cabinet Mis: arrived in Delhi on 2+ March 1946 and had negotiations with INC and Muslim Leagu accepted by the Indian political organizations. The Cabinet Mission Plan did not lay down details of the Constitution but recommended a basic framework for the Constituent Assembly and procedure to be followed by the Constitution making body. ‘Composition of Constituent Assembly: - ‘The Cabinet Mission Plan Recommended Constituent Assembly of 389 members; all these members should be from across the Indian Territory. It had given representation to all communities - Hindus, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs and women and there was special the proposal was more or less+ Indian Consti a stitution ‘on to Muslims and Sikhs. It had both elected ang errata members, elected members were not elected on thy teas of universal adult franchise but through indirect election te the members of provincial legislative assemblies, According to the recommendations of Cabinet Mission Plan Constituent Assembly had following arrangements; ‘¢ 202 members were representing British governor's province and elected through the provincial le, assemblies; representat ¢ 4 representing chief commissioners province; ‘© 93 members representing the Indian princely states and were nominated by the prince. ‘The election to the Constituent Assembly 296 seats were held in the month of July-August 1946. In the election Congress won 208 seats, Muslim League won 73 seats and others won 15 seats. But the princely states decided to stay away from the Constituent Assembly, even Muslim League boycotted the assembly after the election. Later because of the partition of India under Mountbatten plan of 3 June 1947, a separate Constituent Assembly was set up or Pakistan reduced the total strength of Constituent Assembly from 389 to 299, this was the final strength of Constituent Assembly. Working of the Constituent Assembly: - * The first mecting of the Constituent Assembly was held on 9 December 1946, Muslim League and princely states boycotted the meeting, only 211 members attended the meeting and on that day Constituent Assembly elected Dr. Sachidananda Sinha as provisional President. . Hater Jon B December 1946, Constituent Assembly panier peed Dr. Rajendra Prasad as permanent Fegan, © Mukherjt as Vice President and jurist BN ‘8 Constitutional advisor to the Constituent Assembly: Indian Constitution: Making and Basic Premise n ‘# Jawaharlal Nehru on 13 December 1946, moved an objective resolution in the assembly. Objective resolution was about fundamental philosophy and guiding principles of the contstitution. This resolution was adopted unanimously by Constituent Assembly members on 22 January 1947. ¢ The Constituent Assembly formed various committees to distribute the works of framing the Constitution, among them the most important committee was the drafting committee. The drafting committee was formed on 29 August 1947 under the chairmanship of Dr. B.R Ambedkar, including chairman, the drafting committee had seven members; KM Munshi Alladi Krishnaswamy Iyer N Gopalaswami Sayyed Mohammed Sadullah N Madhava Rao TT Krishnamachari ‘© The written Constitution of India was adopted unanimously on 26 November 1949, since 2015 the government of India observes every 26 November as Constitution Day; to pay tribute to the chief architect of Indian Constitution Dr. B. ‘Ambedkar. However, the Constitution came into force on 26 January 1950. The Constituent Assembly held its final meeting on 24 January 1950, from first meeting to last meeting there were a total of 11 sessions of Constituent Assembly. It took 2 years, 11 months, 18 days to frame the final document of the Indian Constitution and to study more than 60 Constitutions of different countries. Objectives of the Constituent Assembly: - ‘The primary objective of the Constituent Assembly was to make a constitution for free India but it had many other_ Indian Constitutg, are reflected in objective resolution moved jy 4 adopted by the Constituent Assembly op the guiding principles and philosophy, while framing Constitution. This es to the Constituent Assembjy objectives, those Jawaharlal Nehru anc 29 January 1947, it had that should be followe resohtion setup certain objectiv members, such as: 1. Making provisions in the Constitutio Sovereign, Independent and Republic country. nto create India g Forming an Indian union, consisting of British Indian territories, other parts outside British India, and the Indian states are willing to be part of the union, To give autonomous status to units or states of Indian union, states can exercise all powers and functions independently except in matters assigned to the Union, 4, To give all power and authority of sovereign independent India to people and organs of government are derived from the people of India, 5. To guarantee all people of India to have social, economic and political justice: equality before law, equality of status and opportunity; liberty to speech, express, belief, faith and worship. 6 To provide adequate safeguards to minorities, backward or depressed classes, backward and tribal areas. To protect and maintain the integrity of the nation and having sovereign rights on land, sea, air and shall be according to justice and law of the civilized nation. 8. The Indian land would promote and make contributions 19 the world peace and welfare of mankind. These are the major objectives of the Constituent Assembly Teflected in objective resolutior : tion and prese y i rt of Indian Constitution. ace Indian Constitution: Making and Basic Premise 13 1.3: PREAMBLE AND THE SALIENT FEATURES OF THE INDIAN CONSTITUTION Allwritten Constitutions start with a Preamble, the US started writing the Preamble to the Constitution first and then many other States followed writing Preamble to the Constitution including India. Indian Constitution starts with Preamble, Preamble means ‘introduction’ or ‘preface’ to the Constitution, and it includes essence or summary of the Constitution. It provides knowledge about philosophy, guiding principles and objectives of the Constitution, Preamble reflects the vision of the framers, the history behind its creation and core values and principles of India. Therefore, Constituent Assembly member Thakur Das Bhargava called Preamble as ‘soul of the Constitution and jewel set in Constitution’, eminent jurist NA Palkivala called Preamble ‘Identity card of the Constitution’, K M Munshi called Preamble as ‘Horoscope of Constitution’. Preamble to the Constitution is based on the historical ‘objective resolution’ moved by Jawaharlal Nehru in Constituent Assembly, this resolution defined objectives or purpose of the Constitution, ‘Text of the Indian Constitution Preamble: “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure all its citizens: JUSTICE, social, economic and political; LIBERTY, of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity and to promote among them all; FRATERNITY assuring the dignity of the individual and unity and integrity of the Nation;IN OUR CONST! November, 1949, do HE} F OURSELVES THIS CONSTITUTION”. Components of the Preamble: 2, Nature of Indit Indian Constitutio, ITUENT ASSEMBLY this twenty-sixth day op REBY ADOPT, ENACT AND GIVE 79 1. Source of authority of the Constitution:- the first ling of the Preamble indicates that source of authority of Constitution is vested in the people of India. It means this Constitution is created as well as approved by the People of India and the supreme authority of the State lies with the people of India. the types of Indian political system are described in Preamble as sovereign, socialist, secular, democratic and republic. © Sovereign:- means independent authority of the State, India is neither a dependent nor dominion of any other country. India became sovereign on 26 January 1950, it is an independent State, free to conduct its internal and external affairs without the interference of any other State or authority. Indian Constitution framers borrowed this concept from the French Constitution. list state is one which secures equal socio and economic status to its people. The word socialist was added to the Indian Constitution by the 42™ Constitutional Amendment Act, 1976. It was included to reduce inequalities in India, Indian socialism is democratic socialism, and its objective is to end six evils from Indian society: poverty, ignorance, disease, malnutrition, inequality of opportunity, untouchability @ Secular:- means there is no State religion and all religions are to be treated equally. Provisions of Right (0 eran ol cele Saks the India a secular country: + the word ‘secular’ was added to the India" Indian Constitution: Making and Basic Premise 18 Constitution by the 42™ Constitutional Amendment Acts, 1976. In India, secularism is protecting all religions equally, all citizens are entitled to freedom of conscience, profess, practice and propagate any religion ‘and no religion is superior or inferior. © Democratic: - the word ‘demo’ means people, ‘kratia’ means rule, Democracy is a political system where people are the rulers. India has a representative system of democracy, where people send their representatives through election, to form government for a fixed term and the government is accountable to the people. In India every citizen has equal political rights to elect their representatives, contest the election and question the government. © Republic :- means political sovereignty of the state vested on people and not on a single individual and public office being open to every citizen. India is a republic country, the head of State i.e. the President of India is elected from among the common citizens of India. 3. Objectives of the Constitution ~ Preamble describes the objectives of the Indian Constitution as follows’ © Justice: - there is no single definition of justice, generally justice means ‘fairness’. Preamble guarantees social, economic and political justice to all citizens. Social justice promises equal treatment of all citizens without any discrimination on the grounds of caste, religion, race, sex, etc. Economic justice is no discrimination based on class or economic factors. Political justice states that equal access to political participation and equal voice in the government. Constitution framers brought the concept of social, economic and political justice from the Russian revolution,is x ‘i a Indian Constitution © Liberty: means absence of restrictions on individunty activities and providing opportunity to develop individual's personality, Preamble guarantees citizens Liberty of thought, expression, belief, Worship, These are essential for the overall development of an individual's personality. © Equality: opportunity, Preamble secures equality of status and of opportunity to all citizens in India. It secures social, economic and political equality and restricts inequalities. means no discrimination or equ © Fraternity: means ‘spirit of common brotherhood’, Preamble profounds fraternity through ensuring dignity of the individual and unity and integrity of the nation, ‘This is essential to maintain tolerance, peaceful coexistence in a diversified country like India. The word integrity was added to the Preamble by 42nd Constitutional Amendment Act, 1976. The concepts of liberty, equality and fraternity are borrowed from the French Revolution. 4. The date of adoption and enactment of Indian Constitution: - The last lines of the Preamble states that the Indian Constitution was adopted and enacted on 26 November 1949, Presently, every November 26 in India is observed as Constitution Day. Alter the enforcement of the Constitution of India in 1950 within a few years debate was started in the Supreme Court of India; is the Preamble part of the Constitution? In Berubari Union case (1960) Supreme Court said that Preamble is not a part of the Constitution but in Kesavananda Bharati case (1973), Supreme Court rejected earlier opinion and said'that Preamble is a part of the Constitution. SC has given the wor jallent features of Indian Constitution: - Many called the In criticized Const ian Conatit ny, of borrowings « n makera, Dr. B, R Ambedkar renpo ‘draft Constitution ia a ent of India Act, 1935 and borrowed, ntries, but | make no apologies. There is nothing to be ashamed of in borrowing, It involves no plagiariam; nobody holds any patent ri ideas of Constitution". Even thous! sources, it does not mean that the In¢ and paste of other Constitutional documents. Ce of the Indian Constitution make it unique Constitutions of other countries, it i provisions of Govert provisions of foreign Jamenti various tion is a copy in features, mong, the a blend of fede: flexible, it balances rights of the individual and socioeconot interest of people and security of the State. The Indian Constitution responds to the demands of society from time to time and allows changes in the existing Constitution without destroying its basic structure. Therefore, experts called the Indian Constitution as a living document. The original features of the Indian Constitution underwent significant changes through various Constitutional amendments. For instance, 7th, 42nd, 44th, 73rd, 74th and so on. Due to the many changes in the Indian Constitution underIndian Constit tu 18 "tog this amendment is also Known as ‘mp are the features of Indian Constitution, jest written Constitution: - «4 provisions of the Indian Constitution ina single hand written document makes it the bulkiest written Constitutions in the world, Originally. the Indian Constitution coained 398 articles, 22 parts and 8 schedules. But various ta to the Constitution repealed existing provisions rovisions, including sub-clauses tg the 42nd amendment, Constitution’. Followin! 1. Lengt! Detailed contents an amendmen as well as added some new P Certain articles among 395 articles, and four new parts ang ‘schedules. It increased the number of parts to 25 and schedules to 12, no other Constitution in the world has these many articles and schedules, this makes the Indian Constitution comprehensive and the lengthiest. There are many factors responsible for the comprehensiveness of Indian Constitution ¢ Historical Factors - various Constitutional reforms introduced by the British Indian government were included in the Indian Constitution. For example, most provisions from the Government of India act, 1935 were included. © Geographical Factors - larger territory with diversity made Constitution framers to make special, transitional provisions for certain regions of the country, specifically certain tribal areas. For example, special provisions to Jammu and Kashmir till Sth August 2019 and tribal areas, backward arcas even today. © Single Constitution - India has a single Constitution for all 26 states and 9 union territories, everything about the Provisions of union and regional governments is given if a single document wi A tingle document whereas in the US there ia a separa Constitution for each state Put fea Vision of Constitution Frame: diversified even in culture language etc. Therefore, to a = India #8 . Feligion, customs, and oid controversies because Indian Constitution: Making and Basic Premise 19 of these diversities and to maintain unity, tolerance, Constitution framers have written everything in detail, ¢ use of language and their official status, for example, abou ity, ete, about removing the practice of untouchal 2, Rigid and flexible Constitution: - ‘The society is dynamic, it keeps on changing, and the Constitution must respond to the changing demands of society for the people’s well-being, otherwise the Constitution would remain as a dead document, To make it a living document it must allow amendments or changes which would cause positive reforms or changes in society. The procedure to amend the Constitution makes that Constitution rigid or flexible. Indian Constitution is a blend of both, the parliament has the power to ‘amend the Constitution. There are three types of arendment procedures given under Article 368 of the Indian Constitution. © Special Majority - Constitutional amendment bill must be passed by the present 1/3 members of the parliament in both the house, which is more than 50% of the total membership of each house. This method is used on most amendments to the Constitution. For example, fundamental rights, DPSP, ete. ¢ Special majority and ratification by half of the state legislative assemblies, in state it’s done through simple majority. This method is adopted only if the amendment is to be done to the federal provisions of the Constitution. For example, election of president, center state relations, ete. © Simple majority - more than half of the present members support and vote. This method is followed to create or admit new states, formation or abolition of legislative councils in states etc:20 3, Borrowed from Varlous Soures Dr. B.R Ambedkar himself nay, of borrow in, Constitu J various other wources, 60 Constitutions be clansified as; © Historie Governimi structure, vervice co) # Indigenous Sources: these are the original of Indian Constitution makers, founding fathers reservation of seats for the SCs and STs in electoral constituencies, independent election commission, indirect * Borrowing from other Countries: Constituent Assembly members referred foreign Constitutions and adopted some features of those Constitutions and included them in the Indian Constitution with certain modifications as per convenience to the Indian society, Irish Constitution - Dire bers to Rajya South Africa Germany - gency. French - concept of re} amendments and Supreme Court judgements added new features to the Constitution, for example, basic structure doctrine, public interest litigation, judicial activism, ete. Parliamentary Syatem of Government: - ‘The Indian Parliamentary system iy based on the British Westminster model of government, it is also called as responsible or cabinet system of government. It is based on the interie Indian Constitution, n and coordination between Legislature ang lations, coo] ration 7 = a he features of parliamentary system Executive. Following are of government; © There are two Executives; real (council of ministry) ang nominal (President of India) Executives. © Council of ministers are collectively responsible for the lower house of the Legislature. © President is the head of the Indian republic; Prime minister is the head of union government and Chief Minister is the head of state government. © Dissolution of the lower house of the Legislature, 6. Justiclable and non-Justiclable Right Indian Constitution consists of fundamental rights, Directive Principles of State Policy and fundamental duties, Both rights und duties are essential for the effective functioning of democracy, Fundamental Rights are guaranteed to the ci the absolute power of the state. It litni government, if any citizen's Fundamental Rights are violated, a person can approach court to enforce his rights, and therefore Fundamental Rights are called justiciable rights. On the other hand, Directive Principles of State Policy include social and economic rights to promote welfare of the state and democracy. Fundamental duties ren ny, rights they should be conscious about their obligations towards the State, But # person cannot approach the court for the rcement of socio-economic rig are call ble rights, ©, Vederal system with Partly Unitary Featui wens the power of ) therefore thene rights am non-just Leta means «dus system of yovetnment where power Be . i aowsen central and provincial governments, Ament has an independent authority to exercise ite Indian Constitution: Making and Basic Premise 23 power. India adopted a federal system from the Canada Constitution, where the whole nation is a union of provinces. Indian Constitution has federal features like dual government, division and distribution of power between government, bicameral legislature, written Constitution, rigid and supremacy of the Constitution, independent Judiciary. However, the Indian nnstitution even consists of unitary features like a single Constitution, integrated Judiciary, single citizenship, appointment of ntate governors by the union government, imposition of emergency by the President etc. The Indian federal system has both federal and unitary features therefore K.C Wheare described it a9 qu 7. Becular Stati ‘The vision of the Constitution makers was to create India secular country and they have provided many provisions in the Indian Constitution, but the word secular was added to the Indian Constitution by 42nd Constitutional amendment in 1976. India has no state religion and no religion is superior or inferior, all people in India have freedom to chooye any religion and it gives protection to all religions and this makes India a secular state. 8. Universal Adult Franchise: - ‘The Indian Constitution provides a universal adult franchise system under Article 326 of equal voting, right to al ne Indian Constitution, it provides ult citizens of India. Universal adult franchine means equal voting rights to every Indian citizen who not less than 18 years of age, originally voting age in India was 21 years but the 61Y Constitutional Amendment Act, 1988 reduced the voting age to 18 in 1989. 9, Integrated and Independent Judiciary: - Integrated nystem i where courts are connected from the top to bottom. The Supreme Court is the apex court below thereaud people. Indian Constitution; Making and Basie Memise LA FUNDAMENTAL KIGHTH, FUNDAMENTAL DUTIGE, DIUCTIVEE PIUNCIPLIS —* Rights are the basic He of India Directive on list of rights guaranteed to the people ire US Constitution makers: iizens wi © thé development of individual's gainst the absolute nality. power of the state in India, if State violates any person's fundamental vi At person can approach the court for the enforcement of fundamental right, hence, Fundamental Rights re justiciable rights, Foaturos of Fundamental Right 1. Fundamental Rights are guaranteed to citizens to protect against the absolute and arbitrary power of the State.10. Indian Constitution Fundamental Rights are not absolute rights it can be sonably restricted on the grounds of larger interest of the society. Fundamental Rights are guaranteed to all citizens in Indiq but some Fundamental Rights are ensured even to foreigners living in India. damental Rights are the justiciable rights, person can approach the Supreme Court or the high court to enforce his Fundamental Rights in case of violation. Fundamental Rights can be amenable by the parliament under article 368 of the Constitution but government cannot amend the basic structure part of Constitution included in list of Fundamental Rights. Fundamental Rights include both positive and negative rights. Fundamental Rights can be suspended during proclamation of national emergency under article 352. Fundamental Rights included under article 19 got suspended automatically during national emergency, even other Fundamental Rights can be suspended by the President through notification except article 21 and 22. Parliament can restrict the Fundamental Rights of armed forces to maintain order and discipline in office (Article 33) Fundamental Rights of the citizens can be restricted during martial law in force to maintain put (Article 34). ic order and peace Parliament has the power to make legislation on promoting ite ‘undamental Rights (Article Indian Constitution: Making and Basic Premise a7 ‘Timeline on Evolution of Fundamental Rights in India: - Fundamental Rights are not the immediate product of independence of India, it has got structural framework in Constituent Assembly debates and discussion but the genesis of Fundamental Rights in India is found in India’s freedom struggle. Following are the timelines that discloses the evolution of Fundamental Rights in In © 1885 - Indians desire for civil rights reflected in formation Indian National Congress (INC). 1895 - ‘Swaraj Bill’ (Constitution of India bill) demanded freedom of expression, right to property, equality before law, admission to public office, right to personal liberty, right to petition and complaint @ 1918 - INC in Bombay session demanded Government of India Act should include declaration of the rights of people of India. @ 1928 - Nehru Report defined the fundamental rights @ 1932 - At round table conference, Indian leaders ‘emphasised the demand for declaration of Fundamental Rights in Constitutional document. @ 1935 - Government of India Act, section 257 and section 297 to 300 conferred certain rights to Indians. © 1945 - Sapru Committee report recommended to include freedom of speech, press, religious freedom and equality in future Indian Constitution and first time gave the idea of dividing rights into justiciable and non-justiciable rights. © 1946 - Cabinet Mission recommended to setup advisory committee on fundamental rights. © 1947 - Committee was setup on fundamental rights, the committee prepared the draft of Fundamental Rights and submitted it to the Constituent Assembly.Indian Constitutg, 28 jon on Fundamental Rights tog, 1949 - discussion 0 a on © 1948 qoainuent Assembly, after discussing the subj Prac Mramencal rights DY BR Ambedkar describe ‘un Constitution. « 1950 - Fundamental Rights enforced in India ¢ incorporated in Part Ill, articles 1 to 38 of the Indian Constitution. The article 12, defines ‘state, ievolves Union Legislature and Executive, state Legislature ang Executive, local and other authorities. Article 13, deals with lay inconsistent with fundamental rights; it limits Legislature from violation Fundamental Rights. Article 14 to 32 deals with six fundamental rights. Originally, Indian Constitution had seven Fundamental Rights, right to property (Art.31) was repealed from the list of Fundamental Rights by the 44th Constitutional ‘Amendment Act 1978, and the six Fundamental Rights are; © Right to Equality - 14 to 18 © Right to Freedom - 19 to 22 © Right Against Exploitation - 23 to 24 © Right to Freedom of Religion - 25 to 28 © Cultural and Educational Rights - 29 and 30 © Right to Constitutional Remedies - 32. Right to Equality ~ Article 14 to 18: Equality means providing equal opportunity to all people or no discrimination on various grounds. The right to equality consists provisions such as: Fundamental Rights aré Article 14 - State shall not deny to any person equality before the law and equal protection of law within the territory of India. ‘The former denotes no special privilege to any person and ell are equally Subjected to the law of the land; this concep! "wed from the Constitution of Britain. The latter denotes Indian Constitution: Making and Basic Premise 29 equals and unequals should be treated differently, it allows fair, just and reasonable discrimination; this concept is borrowed from the US Constitution. Article 15 - Prohibits discrimination by the State or any citizen on the grounds of religion, race, caste, sex, ‘and place of birth. ‘This article allows the government to make special provisions for the empowerment of women and children (15(3)); special provisions for weaker sections (15(4)) based on social and educational backwardness but 103% Amendment Act of 2019 added new article 15(6) to Constitution, which allows states to make special provisions for economically backward. Article 16 - Provides equal opportunity to all citizens in public ‘employment but this cannot stop the government from reserving seats for the SCs, STs, and OBCs in public office. 103" Constitutional Amendment Act made special provision for economically backward. Article 17- Abolition of the practice of untouchability in any. form, It forbids the imposition of social disabilities on certain class of people which is based on his/her birth in particular caste. This provision particularly protects the dignity of the Dalits. Indian parliament enacted a statute to enforce this provision, it is the Protection of Civil Rights Act’, 195S(originally it was the Untouchability (Offenses) Act, amended in 1976). Article 18- Abolition of titles: it prohibits the State from giving citizens and citizens receiving heredity titles of nobility. It is not against giving awards, the Supreme Court upheld the giving of national award in 1996. ' Right to Freedom - Article 19 to 22: Freedom means providing an opportunity for the development of individual's personality or no restrictions on individual’s activity. This right has following provision:Indian Constitug, 30 on n of six freedoms, originally this ; tection Article 19 - provides pro the 44" amendment act 197g ists of seven freedoms n seetiad freedom to acquire property (19(N) from article 19. The six freedoms are given below: | 'e Freedom of speech and expression ~ implies every citizen hae the right to express their views, norms, belief freely without any hesitation (19(1) a)- © Freedom of assembling peacefully in public places without arms (19(1) b)- © Freedom to form association and unions or cooperative societies (19(1) ¢). Freedom of movement - Indian citizens are free to move from one place to another place throughout the territory of India (19(1) ¢). © Freedom of residence - every citizen of India is free to reside and settle temporarily or permanently in any part of Indian territory (19(1) e)- Freedom of profession - every citizen of India is free to choose any occupation or to carry out any trade or business asa) 8) The above six freedoms are not absolute, they can be reasonably restricted by the State as mentioned in articles from 19(2) to 19(6). Article 20 - Protection in respect of conviction of offenses; Iv is against the punishing power of the State or excessive and inhuman punishment. This fundamental right is available to both citizens and foreigners, it has three types of protection; © No ex-post-facto law: No person convicted of any offence except for the violation of law in force, it prevents the legislature from creating retrospective laws on criminal matters. Indian Constitution: Making and Basic Premise 31 No double jeopardy: No man can be punished in court of law more than once for the single offence. No self-incrimination: No person accused of an offence shall be compelled to provide evidence against himself. Article 21- Right to life and personal liberty: No person shall be deprived of life, personal liberty except as per ‘procedure established by the law’. Supreme Court of India in Maneka Gandhi case (1978) introduced concept of ‘due process, of law’ under article 21 where court while examining a law not only checks the competence of the Legislature and its procedure in passing law but also sees whether the law is just and fair. ‘The supreme court of India expanded scope of article 21 after 1950. At present right to life implies right to education, right to information, right to health, right to healthy environment, right to livelihood and dignity. Article 21A - right to compulsory primary education: It ensures the right of the child to get free and compulsory education between the ages 6 to 14 years and directs the State to provide free primary education. This article was added to the Constitution through the 86" Constitutional Amendment Act, 2002. Article 22 - Protection in cases of arrest and detention; It provides three types of protection to the person arrested and detained: a) No person who is arrested shall be detained in custody without informing him the grounds of arrest. ») Person shall be entitled to consult an advocate of his choice and defend himself. c} No person shall be arrested merely on the grounds of suspicion and arrest shalll be recorded in the official diary.Indian Constity 32 ty are not given to enemy alien, ection’ i pe ‘eventive detention law. ws er nie 2808 26 ‘Article 23- Prohit a It involves and children, devadasi prostitution, etc. It prohibi tion - of traffic in human beings and force prohibition of selling or Busing of men, women, practice, slavery, forced girl chitg its compelling a person to work againg, Preeti or nthout remuneration (bonded labour). Tewwas include ‘dass aspect of exploitation. in the Constitution to stop Article 24 Prohibition of employment of children below the age of 14 years in hazardous employment like factories, industry, maining and construction works. At present there is total ban on Shuld labour in India including hotels, dhabas, agricultural feig because till 14 years education is compulsory to all children. Tp + promote this article Parliament passed a statute - The Child Labour (Prohibition and Regulation) Act, 1986. Right to Freedom of Religion - Article 25 to 28: - Religion is integral part of human welfare; it preaches way of life to human beings, every citizen in India free to follow any religion of their choice. Article 25- Freedom of conscience, profess, propagation and practice of religion; Freedom of Conscience is innerfreedom of an individual to have orientation towards particular kind of thinking, either believe in God or not to believe in God. Right to profess- one can declare his religious beliefs openly and freely without anyhesitation. Right to factice - one can freely perform his religious Practices, rituals, ‘biti ji ae ‘uals, worship, festivalsand exhibition of beliefs and Indian Constitution: Making and Basic Premise 33 Right to propagate -.one can transmit his religious beliefs to other, but it does not consist of the right to convert another person to one’s religion. a Article 26 - Freedom to Manage Religious Affairs: It includes the rights like, freedom of religious denominations put subject to public order, morality and health. Right to establish religious institutions, right to manage religious affairs, right to acquire movable and immovable property for religious purpose. ‘Article 27- Freedom from paying taxes to the religious institutions for its promotion or maintenance and the State should not spend public money on the promotion or maintenance of any particular religion. This provision prohibits levying of tax, not the collection of fees. ‘Article 28- Freedom from religious instructions in public institutions maintained out of State funds. Cultural and Educational Rights - Article 29 and 30: - This fundamental right secures the rights of religious and linguistic minorities in India. Article 29- Any section of citizen residing in India having distinct language, scripts or culture of its own shall have the right to conserve the same. No citizen shall be denied admission to any educational institute maintained by the State, receiving aids from the State's fund only on the grounds of religion, race, caste and language. Article 30: Right of the minorities to establish and administer educational institutions. These educational institutions enjoy right to property. Right to Constitutional Remedies- Article 32: - Constitution makers created this provision to provide remedial measures for the enforcement of Fundamental Rights in case of its violation by the State or in some cases by theConstitution of tng a4 ndividuals. It gives power to the citizens 48 well as the Suptenn, Court: © Any individual can approach the Supreme Court for tye enforcement of his or her fundamental rights, Cherefoy, ent i das justiciable rights Fundamental Rights are calle sony issue Writs" (order) against the yury nent of fundamental rights, © Supreme Court ¢ authority for the enforvem " i popularly known as Writ Jurisdiction’ of the Supreme The Supreme Court has five "Writ Court. oh Habeas Conus, Mandamus, Prohibition, © Quo. Warrant. Habeas corpne: literally means ‘to have the body of, This is an onter of the cour another person to pruditice the boxly of detained person I font of Pre Magistrate, Mandamurctteralty means We command This ican onter of the Supreme Court to a pub iis duty promptly {officer failed oF HeMiRed ( Perform the dutty Prohibition literally means "ty forbid Thi is an order inane by a higher court to the tribunal not to exceed their jtitiadtiotion and work wit Airaits, tw a person who hae detained Cortiorarl= literally means to be certifledt oF to be intormeds THis is an onter issued by abigher courte to lower court of tribunal to quash or nullify the judgement in case of excess of Jurisdiction of error of law. Quo- Warrantsliteral meaning ‘by what authority’ This is issued to check in to the into public office. If person in any qualification, then court c: office. legality of person's entry Power entered public office without ‘an ask basis of occupying the public out of the Indian Constitution, all other Fundamental Rights are of Fundamental Rig! article 32. Significance of Fundamental Rights: Health, hai Fandamentat Duties week! The duties in a survival of righta; hence, righta and red as thet) sides of ame coin, One cannot an hout the other, democratic society gives importance to both rights and duties Iecitizens possess only rights and no duties, then it would leada6 Constitution of India to anarchy and if citizens have only duties and no rights, it leag, to tyranny. A Constitution makers did not feel the ee to create 4 separate part or chapter to deal with duties of Indian citizens, instead they have made provisions for reasonable restriction, on rights of one individual to secure the rights of anothe, individual. ‘After the commencement of the Constitution, governmen, felt the necessity of Fundamental Duties of citizens on many ‘occasions, specifically in 1970s during national emergency, jy 1976 government appointed Swaran Singh Committe to make recommendations about the Fundamental Duties, committer recommended to add a new part and article to the Constitution for the sake of Fundamental Duties. The Union government accepted the recommendation and enacted the 42™ Amendment Act in 1976, which added a new part - IVA and article 51A to the Constitution as Fundamental Duties. Originally there were 10 Fundamental Duties, in 2002 by the 86" Constitutional Amendment Act, 11 Fundamental Duty was added. Nature of Fundamental Duties © Fundamental Duties are like a code of conduct. Fundamental Duties are non-justiciable. Fundamental Duties are assigned to citizens. Fundamental Duties consist of both moral and civil duties There is no legal sanction behind them. Fundamental Duties are vague. Indians borrowed the concept of Fundamental Duties from the USSR Constitution. The Fundamental Duties in Indian Constitution are as follows: To abide by the Constitution, institution respect ideals and Rational flag and the national anthem; Indian Constitution: Making and Basic Premise 37 b} To cherish and follow the noble ideas that inspired the national struggle for freedom; c) To uphold and protect the sovereignty, unity, and integrity of India; ) To defend the country and render national service when called upon to do so; e) To promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women; f) To value and preserve the rich heritage of the country’s composite culture; 2) To protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures; h) To develop scientific temper, humanism and the spirit of inquiry and reform; To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement, and j) To provide opportunities for education to his child between the ages of 6 and 14 years. This duty was added by the 86" Constitutional Amendment Act 2002. Directive Principles of State Policy: - Directive Principles of State Policy (DPSP) are set of guidelines or instructions to the State to follow certain principles while framing, policies or enacting laws. economic It includes social and izens but one cannot approach the court to enforce these rights, therefore these rights are non- justiciable rights. However, these are,fundamentally important in the governance to make India a welfare state against theConstitution of Ing; 38 nia R Ambedkar said ‘these rights are no, st but can be justified in people's coyry ‘That means people can compel the government to implemen, these rights by using their voting rights. irective Principles of State Policy: - ice state. Dr. B. justiciable in judicial com Nature of Di a) These are the guidelines or the instructions of the tion to the State to follow certain principles jn Constitu peices administrative matters, legislative, executive, and b) This was included in the Constitution to promote the welfare state concept against the laissez fair concept ang to promote the social-economic development of the country, ¢) It includes comprehensive social, economic and political programs to realize the ideals of justice, liberty, equality, and fraternity. @) Directive Principles are non-justiciable rights, they are not legally enforceable by the court but these are fundamental in the governance of the State. ¢) Dr. B.R Ambedkar called DPSP as a ‘novel feature’ of the Indian Constitution, in his view DPSP replaces the instrument of instruction introduced by the government of India Act, 1935. DPSP is enumerated in Part IV, articles from 36 to 51 of the Indian Constitution. Article 36 is definition of State, same as defined under article 12 of the Indian Constitution and article 37 states that DPSP are fundamental in the governance and State is expected to apply these principles while making laws. ee of the Directive Principles of State Policy, experts classified principles of DPSP as; © Socio-Economic Principles © Gandhian Principles © Liberal Intellectual Principles International Principles Indian Constitution: Making and Basic Premise 39 Socio-economic Principles: These principles aim to create India a socio democratic society and to provide social, economic justice based on the ideology of democratic socialism. These principles direct the stat 1. To promote social welfare and to minimize inequalities in income, status and opportunities (Art.38). 2, To secure adequate means of livelihood, fair distribution, and control of resources to serve the common good, equal pay for equal work, opportunities for the healthy development of children (39) 3. To provide equal justice and free legal aid (394). 4, To make provisions for the right to work, to education and public assistance in case of unemployment, sickness, old age and disability (41). 5, Provisions for just and humane conditions at work and maternity relief (42). 6, To secure living wages, the right to work (43). 7. State to ensure the participation of workers in the management of industry and other undertakings (434). 8, To raise the level of nutrition and the standard of living of the people and to improve public health (47). Gandhian Principles: - Mahatma Gandhi was not only a freedom fighter but was also a social reformer who had a vision of forming people’s government, particularly the government run by the villages. The Constituent Assembly members included Gandhi's ideas asa principle under Part IV of the Indian Constitution as follows: © To organize village panchayat is the authority of the State (art.40), © To promote Cottage industries in rural areas (43).Constitution of 1, Ing 40 x © To promote th societies (43B)- © To protect the educatior STs and other weaker S © Prohibition of intoxicatin injurious to health (47)- © To prohibit the slaughter of cows and draught cattle ang, improve their breeds (48)- Liberal Intellectual Principles: - ; These are the principles based on liberalist ideology, it direct the State: © To secure a Uniform Civil Code throughout the county, (44 J formation and management Of Cooper, nal and economic interest of g ‘ections of the society (46), Cy, g drinks and drugs which © To provide early childhood care and education for children below the age of six years (45). To organize agriculture and animal husbandry in scientific lines (48). To protect and improve the environment and protection of forests and wildlife (48A) Protection of historical monuments, places, and objects of artistic or historical interest (49). Separation of Judiciary from the Executive (50). International Principles: - . India believes in the principle of Vasudaiva Kutumbakam: Whole world as one family. Indian foreign policy is to promote Scoperative relations with other countries and nonviolence. Article 51 of the Directive Principles of State Policy directs the State in its foreign policy on the following objectives: ® Promote international peace and security. © Maintain just and honour, ‘able i he Pao relations between tl Indian Constitution: Making and Basic Premise 41 © Respect for international law and treaty obligations. © Settlement of International disputes by arbitration. Constitutional expert Granville Austin described DPSP and Fundamental Rights as ‘conscience of Constitution’. There were many instances of conflict between DPSP and Fundamental Rights in the process of implementation and led to debate and discussion in Supreme Court. Supreme Court said, both DPSP and Fundamental Rights are not against one another but they are complementary to each other. Court directed the government to promote harmonious relationship between DPSP and Fundamental Rights, this shows the significance of DPSP in Indian Constitution QUESTION BANK 2 marks questions 1, What is the Constitution? Define the meaning of the Constitution. Write any two common natures of the Constitution. Write any two significances of the Constitution. vpeorn What is constituent assembly? Who was given the idea of constituent assembly for the first time in India? What is the August offer? xno What is Cripps Mission plan? Write any two recommendations of this mission. What is the Cabinet Mission plan? Write any two recommendations of this mission. 9. When did the Cabinet Mission plan arrive in India? Write the names of members of the Cabinet Mission plan. 10. When was the first meeting of the constituent assembly held? Who was the temporary President of the constituent assembly?Constitution of tng, Ha 42 11, Who were the present and vies PreSISent of ty assem! the constituent assembly? 4 13, What is the drafting committee? What was the strengy, of the drafting committee? 14, Who was the chairman of the drafting committee? Listy, names of drafting committee members. 15. Write any four objectives of the constituent assembly, 16. What is the preamble? Which nation first started Writing preamble to the Constitution? 17. Classify the components of the preamble of the I constitution. 18. What are the characteristics of the Indian state? 19. Which are the three words added to the preamble of the Indian constitution? 20. When was the Indian constitution adopted and implemented in India? 21. What is constitution day? 22. Is Preamble part of the Indian constitution? Justify. 23. Can.the preamble be amended by the Parliament? Justify. 24. Why is the Indian Constitution called the lengthiest written constitution? 25. Write any two factors responsible for the lengthiest written constitution of India, 26. What is a rigid and flexible constitution? 27. Write any four borrowed sources of the Indian constitution. 28, What are fundamental rights? 29. Define fundamental rights. Indian Constitution: Making and Basic Premise 30. 31. 32. 33. 34. 35. 36. 37. 43 What is right to equality? What is the Magna Carta of India? What are justiciable rights? Write any two features of fundamental rights. What is the right to freedom? What is the right to education? What is human trafficking? What is forced labor? 38.Who is the child labour? 39. 40. 41. 42. 43, 44. 45, 46. 47. 48. 49. 50. 51. 52, What is Right to constitutional remedies? What are ‘writ jurisdictions? What is habeas corpus? What is mandamus? What is quo warranto? What is Certiorari? What are Directive principles of state policy? Write the principles enumerated in DPSP. What are Gandhian principles? Write any two Gandhian principles of DPSP. What are liberal intellectual principles? Write any two liberal intellectual principles of DPSP. What is socio economic principles? Write any two socioeconomic principles of DPSP. Who called DPSP a novel feature of the constitution? Why? What are non-justiciable rights? What are fundamental duties?Constitution of ing lig 44 uties of the Constitution fundamental jes added to the Ing; Indiag, 53. Write any fow sa. Why were fundamental au constitution? When? 5 Marks Questions 1. Deseribe the meaning and nature of the Constitution, 2. Analyze The significance of J 3. What is constituent assembly? Write the objectives g constituent assembly, ne Constitution. 4. Describe the evolution of constituent assembly in India 5. Explain the composition and working of the constituen, assembly. 6. Analyze the 7. What is preamble? Explain the compo! preamble. ¢ significance of constituent assembly. ments of the Indian 8. Write the text of an Indian preamble? Explain the objectives. 9. Explain any five features of the } mn referred to as a bag of indian constitution. Why is the Indian constitutio 10. borrowings? Explain. 11, What is the right to constitutional remedies? Explain the vanious ‘writs’ under article 32 of the Indian constitution. 12. Explain the right to freedom of religion. 13. Analyze the right to equality by citing articles. 14, Explain the right to freedom citing articles. 15. Describe the features of fundamental rights. 16. Explain the significance of fundamental rights. 17. Describe the meaning and nature of directive principles of state policy. Indian Constitution: Making and Basic Premise 18. 19. 20. 45 Write the difference between fundamental rights and directive principles of state policy. Describe any two principles and enumerate in DPSP. What are fundamental duties? Write the list of fundamental duties included in article 51 A of the Indian constitution, 10 Marks Questions Define the meaning of the Constitution. Analyze the significance of the Constitution. Describe the composition and objectives of constituent assembly in India. ng and significance of constituent Analyze the wor! assembly. Explain the key concepts, philosophy of the Indian preamble. Describe the features of the Indian Constitution. Critically analyze the list of fundamental rights guaranteed to the Indian citizens. Critically examine the principles enumerated in directive principles of state policy. Explain the distinction between fundamental rights and directive principles of state policy.UNIT 2: UNION AND STATE GOVERNMENT A government is the system where @ group of people gover, ‘community. In the 21st century we cannot imaging an organized be ’s an essential element of th, a state without a government, it state, which provides not only security to the people but als, looks after their needs and ensures their social-economi: development. India being a democratic country, for the administrative convenience government has been constitutes at three levels, at the center union government, each proving: has its own government known as the state government and a the local level local self-government Administrative Units of India Union of India Division Districts Taluks =H, Urban Areas Rural Areas —O.. —_ + | Big Cities Smaller City\ Neither village Village Gown) Nor urban Wards] _u Union and State Government Part V of the Indian constitution, articles 52 to 151 deals with union government. The union government has three organs such as Executive, Legislature and Judiciary. © Executive (Article 52-78) - Law implementing body: President of India, Vice President, Council of ministers headed by Prime Minister and Attorney General. © Legislature (Article 79-122)-Lawmaking body: Parliament (Rajya Sabha and Lok Sabha). © Judiciary (124-147)- Law protecting body: Supreme Court, The Indian Constitution has provided for the Parliamentary system of government borrowed from the British Constitution. ‘The features of the Parliamentary system are: © Interconnection and interdependence between the Legislature and Executive. © Two executives; nominal and real executive. © Council of ministers are collectively answerable to the lower house of the Parliament. © Cabinet system of government. 2.1 THE PRESIDENT In the parliamentary system of government there are two executives, nominal and real executives. The President of India is the nominal executive and the highest constitutional functionary of India, holding the executive powers of the union government. The President shall discharge these powers either irectly or through the subordinate officers and the decisions of the union executives are taken in his name, therefore the President is called as the first citizen of India. The executive powers include the administration or implementation of the law, determination of government policies, initiation of legislation, maintenance of law and order, promotion of economic and social welfare, direction of foreign policy and carrying out general administration of the state ete.it, Es Come Mprescses: OS WHA the ig . a The candidate must get an abaciute oo ee bestest bs beckanamteennesion tase be Gepevas prcomstitation of tng, Soe nutes ‘on the election, This is oe ES pe2 OSEAN TIO head of the ate oy & he/si 1,2,2 ete. agai of india con ie President tution provides for indirect’ election of the Preside, sn Palied the electoral college. The electors, to accept Article 54: - Election 0 The Con rs from the tat houses of the Parliament Elected members of the | sive ascernblins of the tates © Elected members of the legisla © cincted merntars of the legislative assemblies Othe Unie, @ yfust be a citizen of India © Should have com; age of 25 yenre Manner of president election ye completed the age of 35 year wed in the presidential \der the union or any state government or any local government or other authority. © Should be qualified for election as a member of Lok Sabha. Article 59: - Conditions of President Office © Should reside in rent less resident known as Rashtrapati Bhavan © The emoluments and allowances of the President shall not be diminished during his term of office © The President shall not be a member of either houses of the Parliament or the state legislature. © Shall not hold office of profit. all Miss of allstates.—-, _Agtlele 60: - Oath of office by the President ry state in reprenented on the proportion to their population of the state. ‘Total population of that state MLA vot - i te value = rstar umber of elected MLAs of that state * 1000 MP vote value =Constitution of inqig taking charge of his office as to tajq ‘The Chief Justice of India and in iy at judge of the Supreme Coyy, ice to the President. The President before an oath or affirmation. absence the senior ™ administers the oath of offic Article 61: - Impeachment According to this article the President can Be removed fron the office by the process of impeachment for the eos N Of the Constitution. The impeachment ee ne by the jdent can give Fes! Pinan ie rent an eer of India. Powers and functions of the President: - President is the nominal executive and head of the State, according to article 53, the President performs executive powers, but based on the exercise of power we can broadly classify them as ordinary powers and emergency powers. jon to the office at [Powers of the President >= 1—_, Ordinany Emergency J + 1. National Emergency 2. State Emergency 3. Financial Emergency Executive powers. Legislative powers. Financial powers Judicial powers Diplomatic powers 1 2 3 5 6. Discretionary powers I. Executive Powers: - Executive powers are related to administrative matters such uments of the heads of constitutional and non- onal bodies, administration of union territories, and ration of scheduled and tribal areas, Union and State Government 51 The President appoints the Prime Minister, based on the recommendations of the P.M he/she appoints the council of ministers. The President is the administrative head of all the union territories and directly administers the union territories through the administrators appointed by him. The President has the power to declare any area as a scheduled area under the Fifth Schedule and has the power with respect to the administration of Scheduled areas and Tribal areas. The President is the supreme commander of Indian defense forces, appoints chiefs of all three wings and has the power to declare war or conclude peace but subject to the ratification by the Parliament. IL, Legislative Power: - President is not a member of the parliament but he is an integral part of the legislative process in India, which gives him certain legislative powers. Most important of them are the following: © President summons and prorogues sessions of the Parliament. The President also dissolves the lower house of the Parliament known as Lok Sabha after every five years. Jointly addresses the members of the Parliament at the first session of each year and the first session after each general election. President puts forward the agenda of the government for the governance of the nation. Appoints 12 nominated members to the Rajya Sabha. According to article 123 of the Indian Constitution President can pass an ordinance during the absence of a parliament session. The bill passed by the Parliament only becomes a law after the assent of the President. The President can show his disagreement with the bills passed by Parliament by using his veto powers like pocket veto, absolute veto and suspensive veto. eeConstitution of logy stitutional bodies . g non-constit a @ constitutional 470) Tort tothe President, these submit ee a ortinment for diseussion an id “ question o} hous Fepory, Scrutiny disqualification of the Memb, raltation with the Eleg are cides on the ‘ ee parliament in cons} yn of India. inancial Powers: = . eer play a significant role in the finaneig, ‘administration of the country and ensure financial stability, fe very year a budget is placed before the Parliament yg, fhe approval of the President and no money Bill can by granted by the Parliament without the Prior approval g the President. @ The President can dispose of the grants from the contingency fund to meet emergency expenditures in Indi © Appoints a finance commission after every five years, which recommends the distribution of revenues between Centre and states. IV, Judicial Powe: © Appoints Chief Justice of the Supreme Court and High Court and judges of the Supreme Court and High Court in Consultation with collegium. © According to article 143 of the Indian Constitution, the President can seek advice from the Supreme Court on any question of law or facts related to public importance. The court is bound to give its opinion but it's not binding on the President. nS tion © Article 72 of the Indian Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offense. The pardoning powers are: Pardon: - It absolves convicted persons from all the disqualifications and punishments. Union and State Government Commutation: - President can change the nature of punishment or form of punishment substituted by mn of lighter punishment, Remission: - Can reduce the quantity or peti without changing its nature, Respite: - Can award lesser punishment punishment in certain special cases. Reprieve: - Can stay the execution of pt being. V. Discretionary powers: - 1 place of actual ment for time ‘The President can act without the advice of the coun ters under the following situations: © When no party gets majori President has « discretionary power the larger political party to come forw government he leader of and form the © Houses of the Parliament shall meet once in six months but if the gap is more than six months then the President can summon the session of the Parliament without the advice of the council of ministers. © The President can call the Prime Minister and ask for information related to the administration. © Dismissal of council of ministry when cannot prove confidence of Lok Sabha. © The President has the right to warn and encourage the Parliament. © President can send back the advice of the counc ministers for reconsideration. of VLEmergency powers: ‘The Indian Constitution part XVIII, articles 352 to 360 has vested extensive powers with the President to deal with abnormal conditions effectively to safeguard the sovereignty, unity,Constitutio, OF Ing 54 security of the Country: ‘They are called ometke ny integrity an' powers. fe Article 352, Nt during externa! eney: - President can jp, 1 emerge! oe internal armed rebet,, 2% 1) agereosion 0} ale + President rule state emergency a © Article aa the state on the grounds of failure my oe ‘ imposed in Mgehinery in the atatee Tele 360, financial emergency: - Can be impoyey ,, Otic inde of threat to financial stability OF Ios to uy ian credit 2.2 PRIME MINISTER AND CABINET In the Parliamentary system of government, the pring minister is the real executive, the Indian Constitution framer, Lorrowed this system from England. Article 74(1) of the Indian Constitution states that there shall be @ council of minister, headed by the Prime Minister, other ministers cannot function without the Prime Minister. The Prime Minister is the heart 4 the Cabinet and many describe the Prime Minister an first among equals. Dr B.R Ambedkar compared the Prime Minister of India to the President of the United States of America due to vast powers vested with the Prime Minister. Appointment: - Ag per article 75(1) the Prime Minister shall be appointed by the President. According to the parliamentary conve President has to appoint the leader of the largest in Lok Sabha as prime minister. President can use person discretion in selection or appointment of prime minister in two canes; 1, When no party has a mojority, 2% When the incumbent Prime Minister dies suddenly with no obvious successor, isters oath of office and oath of secre’) ic Prime Minister, Union and State Government 59 Removal: Prime Minister and council of ministers are collectively answerable to the lower house of the Parliament, if they lose the majority in the lower house or confidence of the lower house, then the Prime Minister has to give resignation to the President. Therefore, there is no fixed term for the Prime Minister; he can be in office until he in enjoying the pleasure of the President. g Duties or functions of the Prime Minister: - In the Parliamentary system of government, the Prime Minister is called ‘the chief stone of the archit 19 the head of the council of ministers; without him, the council of ministers cannot survive, if the Prime Minister resigns or dies, the entire counc out of the office. ‘Therefore, the con: ider the PMO as a powerful office. the constitutio because he utomatically goe: utional experts con ‘The Prime Minister exerci 1.In relation to council of minister © Chooses a council of ministers anc distributes the ¢ Ministers are accountable to the Prime Min © The PM is the leader of the cabinet and calls the Cabinet meeting, decides the agenda of the Cabinet meeting, © Can ask for the resignation of non-performing, ministers. © Can guide, direct, control and coordinate the activities of the various departments. 2.1n relation to President of India: - © According to article 74 Prime Minister has the power to aid and advice the President in the exercise of executive powers. © The PM acts ay a channel of communication between the President's office and the Cabinet. © Advine the President in appointment of heads of various constitutional and non-conatitutional bodies.Constitution of Indi. 3.1m relation to Parliament: - ‘The PM is the leader of the House which he represents. © Advise the President in summoning an sessions of the Parliament. © Advise the President to dissolve © Defends policies of the governm 4 4,Role in determining the foreign policy of the nation: - Prime minister is the chief representative of India in the international sphere. He participates in international conferences, meets heads of the foreign states, maintains relationships with United Nations organization, other regional and international organizations; participates in major international summits and signs treaties and agreements. parliament and leader of the \d propagation of the Lok Sabha. ent in the Lok Sabha. ‘The Cabinet and its structure: - The council has different levels or ranks of Ministers; ters are given ranks of Cabinet Ministers, Minister of state and Deputy Ministers. Cabinet Ministers are the top-level ministers who are in charge of important portfolios. The system of cabinets originated in England. In India the cabinet is the important decision-making body of the nation, it is responsible for all policies and programs of the government. It acts on behalf of ministers, the decision of the Cabinet is binding I ministers. Prime minister is the leader of the Cabinet and decides the time, date, venue and agenda of the Cabinet meeting. The details of the Cabinet mee and even exempted under RTI act. 85 are kept secret ‘The 44” Constitutional Amendment Act 1978 int constitutional status. According to article 75(3), council of ministers are collectively responsible to the Lok Sabha, ue the decisions taien by the Cabinet is considered as the gare Union and State Government 87 of the council of ministers to ensure homogeneity within the council of ministers. There may be differences among the ministers at the stage of deliberations but once collective decision is taken by majority of cabinet ministers, it's binding to all council of ministers. If any minister within the council of ministry disagrees with’the cabinet decision, then such minister can be dropped from the council of ministers as per article 75(2). Political thinker HJ Laski in his book ‘Parliamentary Government in England’ writes that the Prime Minister is the center of the formation of the Cabinet, life of the Cabinet and death of the Cabinet, which means resignation of the Prime minister is equal to death of the Cabinet. Functions of the Cabinet: 1. It directs and supervises the administration of the union government. 2. It coordinates activities of the various departments. 3. It decides the date for the beginning and ending of the Parliament session and decides the program for each session. It introduces policies and programs of the government anid implements the policies of the government. It prepares the budget and presents it in the Parliament. ‘The finance minister presents the budget in the lower house of the Parliament. 6. The President declares a proclamation of emergency with the decision of the Cabinet. . All the important union government constitutional and non-constitutional body members’ appointments are decided by the Cabinet.