Telegram: https://t.

me/akhil_buddhi
YouTube: https://youtube.com/@akhil.buddhi

CLASS 6 – SOCIAL & POLITICAL LIFE 1

LESSON – 1 – UNDERSTANDING DIVERSITY

• Diversity - It means understanding that each individual is unique, & recognizing our individual differences
• People in India are from different regional, cultural & religious backgrounds – which are aspects of diversity
• Inequality (lack of access to resources & opportunities) is different from diversity
• Caste system is an example of inequality
• Historical & geographical factors influence the diversity of a region

➢ Diversity is the source for various concepts in Constitution like –

(a) Concept of equality of status & opportunity
(b) Fraternity – reflected in Single citizenship etc, singing National anthem etc …
(c) Secularism – reflected in Art 25 – 30
(d) Art 51A(a) - to abide by the Constitution & respect its ideals & institutions, the National Flag & Anthem
(e) Art 51A(e) – to promote harmony and the spirit of common brotherhood

• Ladakh – Desert, in E part of J&K, very little agriculture, no adequate rain, people keep sheep (Pashmina
wool). Buddhism reached Tibet via Ladakh (called “Little Tibet”). Has significant Muslim population. It has
very rich oral tradition of songs & poems

• Kerala – Spices are grown. Jewish & Arab traders were the 1st to come. Apostle of Christ St. Thomas is
believed to have come here 2k yrs ago & credited with bringing Christianity. Ibn Battuta visited (during the
reign of Muhammad Bin Tughlaq). People practice religions like Judaism, Islam, Christianity, Hinduism &
Buddhism. Some words have influence of China over them

DIVERSITY IN INDIA
• India is a country of many diversities. People speak different languages, have varieties of food, celebrate diff
festivals, practise diff religions
• People do many things that are similar except that we do them in different ways
• India’s diversity has always been its strength (Ex: Diverse people fought for independence)
• Nehru in “Discovery of India” – “It was within its fold; the widest tolerance of belief & custom was practised
& every variety acknowledged & even encouraged.” He coined “UNITY IN DIVERSITY”
• Songs & symbols emerged during freedom struggle serve as reminder of tradition of respect for diversity
• India’s National Anthem is another expression of Unity of India

➢ Name of Vasco da Gama’s ship – Sao Gabriel

These notes are contributed by our community member. These notes will be extremely helpful to our aspirant community
I thank Gopika for her act of extreme kindness.
 LESSON – 2 – DIVERSITY & DISCRIMINATION
• There are 8 major religions in the world (in India too). We have > 1600 languages & > 100 dance forms
• Most popular language in the world is “Mandarin Chinese”
• Prejudice – to judge other people negatively or see them as inferior. It can be about many things like –
religious beliefs, skin tone, region, accent spoken, clothing etc …
• Stereotype – When we fix people into 1 image, we create a stereotype. It stops us from looking at each
person as a unique individual with his or her own special qualities & skills & that are diff from others

➢ If Diversity isn’t appreciated  Prejudices are created  Leads to Discrimination

➢ Discrimination is practically manifested through prejudice & stereotypes
➢ A person should be given the opportunity to become the best version of themselves – Liberty
➢ Diversity – A difference by choice not by force or lack of opportunity
➢ Poverty among Muslims is the reason for the lack of education for baby girls in that community
➢ Separate toilets for girls is one of the major reasons for success of “Beti Bachao, Beti Padao”

✓ In Indira Sawhney Case, SC ruled that “Equality is part of BSD”

INEQUALITY & DISCRIMINATION:

• Discrimination happens when people act on their prejudices or stereotypes (Ex – preventing a person from
taking jobs, Caste system etc …)
• Diversity can also be a source of Discrimination (Ex – Communalism, Regionalism etc …) along with inequality
• Dalit – term that people belonging to the so-called lower castes use to address themselves. Means “broken”
• Discrimination not only limits them but also denies them the respect & dignity given to others

B R AMBEDKAR (1891 – 1956):

• He was the 1st person from his caste who completed college ed’n & went to England to become a lawyer.
Encouraged Dalit students to study. Led many efforts for Dalit temple entry. Later in life, he converted to
Buddhism

• Struggle for independence was not only fought against Britishers but also to be treated more equally
• Equality (as envisaged by makers of Con’n) of all persons is seen as key value that unites us all as Indians
• Constitution also placed responsibility on Govt to take specific steps to realise the “Right to Equality” for poor
& other such marginal communities
• “Respect for diversity was a significant element in ensuring Equality”
• Govt must treat all religions equally – Indian version of Secularism, which is an imp element of our Unity –
that we all live together & respect one other
 LESSON – 3 – WHAT IS GOVERNMENT?
• Judiciary is also a part of Govt
• Why Govt? – When humans live & work together, there needs to be some amount of organisation so that
decisions can be made
• LEVELS OF GOVT – Local, State & National levels
• Govt has the power to make decisions & enforce them
➢ If the rules aren’t enforced  Violation of Rule of Law
➢ Laws give restraint
➢ People should abide by Law  predominance of Legal spirit
• TYPES OF GOVT – Democratic (Representative, Participatory) & Monarchy
People give the power to Govt through elections Monarch has the power to make decisions with
the help of small group of people
Govt has to explain & defend its actions to Monarch doesn’t have to explain or defend their
people (accountability) actions & their decision is final

➢ In democratic Govt, privileges aren’t allowed, restraints are allowed

FEATURES OF DEMOCRACY:
• People have the power to elect their leaders (Rule by the People) – People rule themselves by participating in
making of these rules (Participatory democracy)
• Universal Adult Franchise
• Free, fair & timely elections

• In Young India magazine (1931), Gandhi demanded for UAF – “I cannot possibly bear the idea that a man who
has got wealth should get the vote but a man who has got character but no wealth or literacy should have no
Vote, or that a man who honestly works by the sweat of his brow day in & day out should not have the vote
for the crime of being a poor man …”
• “One person One Vote, One Vote One Value” – promotes equality & fraternity

➢ State = Territory + Population who follows common set of Laws

➢ 7th Schedule – Union List, State List & Concurrent List – (called as “Division of Powers (legislative)”)
➢ 73rd CAA – 11th Schedule
➢ 74th CAA – 12th Schedule
➢ Executive powers are “co-extensive” with Legislative powers

❖ Democracy
❖ Universal Adult Suffrage
❖ Elections & Election procedure
❖ Democracy Vs Monarchy
 LESSON – 4 – KEY ELEMENTS OF DEMOCRACTIC GOVT
• Key elements - Includes People’s participation, resolution of conflict & commitment to equality & justice (key
element)
• Apartheid – separation on the basis of race (Violation of Art 15, 16 & 17). Blacks in SA were denied right to
vote, proper living & health care facilities etc … Nelson Mandela fought against it & won in 1994
• All the Govts are elected for specific period (5 yrs in India)
• Voting is the moment when people can sense their power in democratic Govt
• Power of Govt gets “limited” by regular elections
• Besides voting, people can also participate either by working for Govt or criticising it
• People can express their views through dharnas, rallies, strikes, signature campaigns etc …
• People also participate through Social movements
• If a country’s people are alert & interested in how the country is run, the democratic character of the Govt of
that country will be stronger
• Govt is responsible for helping resolve conflicts
• Indian Constitution laid down basic rules or Laws - to be followed by Govt & people
• Untouchability is banned (under Art 17) - Ambedkar felt that justice can only be achieved when people are
treated equally

➢ Inequality  Dissatisfaction  Conflict  Non functioning of Democratic Govt

➢ LS is dissolved every 5 yrs to avoid despotism
➢ In countries like Canada, UK etc … peaceful rallies/ protests can’t be stopped under any circumstances or
made illegal
➢ In case of Inter-State River Water Disputes  River Board is constituted (Art 262 – If there is any Inter-State
river water dispute, SC won’t interfere and should be resolved by Tribunal setup)
➢ Equality & justice are inseparable
➢ States can make special provisions to reduce inequality or to promote equality

❖ Art 14, 15, 16, 17, 18

❖ Universal Adult Franchise
❖ Democracy
❖ Preamble
❖ Inter-State Water Tribunals
 LESSON – 5 – PANCHAYATI RAJ
• Panchayati Raj system is a process through which people participate in their own Govt (best example of
Participatory Democracy)
• 3 levels of Govt –
Zila Parishad (District Panchayat)
|
Panchayat Samiti (Janpad Panchayat)
|
Gram Panchayat
➢ Based on Gandhian principle (direct participation of people)

GRAM SABHA –
• It’s a meeting of all adults who live in the area covered by a Panchayat. It may include single or multiple
villages
➢ It’s the basic unit of functioning of Panchayati Raj
• It elects Gram Panchayat (elected for 5 yrs)
• Functions of GS – It makes GP play its role & be responsible. It prevents the GP from doing wrong things like
misusing money or favouring certain people. It keeps an eye on the elected representatives & in making
them responsible to persons who elected them
• It sometimes forms Committees

GRAM PANCHAYAT –
• Pres of GP is Sarpanch (elected by GS mems)
• Every VP is divided into Wards. Each Ward elects a Ward mem (Panch) – (he has Legislative powers)
• GP has Secretary (also for GS) appointed by Govt. He is responsible for calling the meeting of GS & GP – (he
has Executive power)
• Functions – Implement development progs for all villages that come under it
• Work of GP – Construction & maintenance of water sources, roads, drainage, school buildings etc … Levy &
collecting local taxes. Executing Govt schemes related to Employment generation
• Sources for Panchayat funds – Collection of taxes on houses & market places etc …, Govt schemes funds
received through various Depts through PS & ZP. Donations for community works etc …
• Panchs & GP are responsible to GS
• District Panchayat actually makes developmental plans at District Level
• Each state in the country has its own Laws with regard to Panchayats

❖ 73rd & 74th CAA

❖ Art 40 of DPSP
❖ Gandhian principles
❖ Participatory democracy
❖ Influence/ differences b/w Direct & Indirect democracy
❖ Responsible Govt
 LESSON – 6 – RURAL ADMINISTRATION
• There are > 6 lakh villages in India
• Every Police Station has an area that comes under its control = Territorial jurisdiction of that PS
• Compliant should be given in ‘writing’
• Measuring land & keeping land recs is the main work of Patwari. He also maintains & updates recs. He is
known by diff names like Lekhpal, Kanungo, Karamchari or Village Officer etc … in diff villages. He is also
responsible for organising the collection of land revenue from farmers & providing info to the Govt about the
crops grown
• Khasra – rec of patwari that gives info abt land
• DC
|
Tehsildars (should hear disputes & supervise work of Patwari)
|
Patwari
• Public services have to be used & made to function according to the Laws that have been framed to them

HINDU SUCCESSION AMENDMENT ACT 2005:

• In the new Law Sons, daughters & their mother get equal share in the land. It promotes Equality
• It is applicable to all the States & UTs

❖ Equality
❖ Hindu Succession Act 2005
❖ 73rd CAA – 11th Schedule

LESSON – 7 – URBAN ADMINISTRATION

• Municipal Corp takes care of street lights, Garbage collection, water supply, keeping streets & markets clean
• They are responsible for ensuring control of disease out-breaks
• In big towns, it’s called Municipal Corp while in small towns, it’s called Municipal Council
• City is divided into wards
➢ MC is divided into –
1. Deliberative part – (Councillors), elected. They make allocations for budget
2. Executive part – (Commissioner & Administrative staff), appointed. They implement decisions
How MC gets money?
• Taxes like Property Tax (forms 25-30% of tax collected) & for services provided
• Taxes for education & other amenities
• To save money, MCs across the country are hiring Pvt contractors to collect & process garbage - “Sub-
contracting”. It includes probs like less wages, lack of safety measures & lack of proper emergency facilities

❖ 74th CAA – 12th Schedule

❖ Functions & Criticism of MC
❖ Participatory Democracy = People’s participation
 CLASS 7 – SOCIAL & POLITICAL LIFE II

LESSON – 1 – ON EQUALITY
• Key elements of democratic govts include – people’s participation, resolution of conflict, equality &justice
• The idea of Universal Adult Franchise (Art 325, 326) is based on the idea of Equality (because it states that
every adult in a country irrespective of their wealth and the communities they belong to, has to vote)
• Apart from being poor, people in India experience inequality in different ways (Ex - Caste system)
• Dalit – Means “broken”, its used by the so-called lower castes to address themselves. They are pointing to
how they were & continue to be, seriously discriminated against
• When persons are treated unequally, their dignity is violated
• Parliament is corner stone of democracy & we are represented in it through elected representatives
• Govt has tried to implement equality through 2 ways – (a) Laws (b) Govt progs
• Schemes improve the lives of communities & individuals who have been treated unequally for several
centuries. They are to ensure greater opportunity for people who have not had this in the past
Recognition of Equality includes –
(a) Every person is equal before Law (every person has to obey the same Laws)
(b) No person can be discriminated against on the basis of their religion, race, caste, place of birth or whether
they are female or male
(c) Every person has access to all public places including playgrounds, hotels, shops & markets. All the people
can use publicly available wells, roads & bathing ghats
(d) Untouchability has been abolished
Mid-day meal scheme –
- Introduced in all elementary schools to provide children with cooked lunch
- TN is the 1st State to introduce it in 2001
- Positive effects – Increased attendance, doesn’t interrupt the working mother, helped reduce caste
prejudices, in few places Dalit women were employed to cook meals, increases concentration of children
▪ UAF – Its very imp aspect of democratic societies. It means that all adult (those who are 18 & above) citizens
have the right to vote irrespective of their social or economic backgrounds
▪ Dignity – Refers to thinking of oneself & other persons as worthy of respect
▪ Constitution – It’s a docx that lays down basic rules & regulations for people & govt in the country to follow
▪ Civil Rights Movement – Movement that began in USA in 1950s in which African American people
demanded equal rights & an end to racial discrimination
➢ UAF obeys Individual sovereignty of a person
➢ Equality is part of BSD
➢ Caste system – root of inequality. It is also form of discrimination
➢ Art 15 is the cornerstone of equality

❖ FR
❖ Preamble
❖ Art 21
❖ Reservations
 LESSON – 2 – ROLE OF GOVERNMENT IN HEALTH
• Health means our ability to remain free of illness and injuries. Apart from disease, many factors affect it
• Public Healthcare system – System of hospitals & health centres run by the govt
• 1 of the most imp aspects of public health system is that it is meant to provide quality healthcare services
either free or at a low cost. Another aspect is to prevent spread of diseases like TB, malaria etc …
• Acc. to our Constitution, it is the primary duty of the govt to ensure the welfare of people & provide
healthcare facilities to all (not part of FR – Art 21, yet to be included)
• Acc. to UNICEF, 2M children die every year in India from preventable diseases
• Barely 20% of the population cam afford all the medicines that they require during an illness
• It was reported in a study that 40% of people who are admitted to a hospital for some illness or injury have
to borrow money or sell some of their possessions to pay for the expenses
• Health is as much dependent on basic amenities & social conditions of people as it on healthcare services
• 21% of all communicable diseases are water borne
Why to pay taxes?
- Govt uses money to provide many public services (defence, police, judicial system, highways etc …)
- They fund development progs & services (education, health, employment, social welfare etc …)
- It is used for relief & rehab in case of natural disasters (floods, quakes, tsunami etc …)
- Space & nuclear progs are funded
Costa Rican approach –
- It is considered as one of the healthiest countries in South America
- The country decided not to have an army & this helped them spend the money on health, education &
other basic needs of people
- Health education is also considered very imp & knowledge about health is an essential part of education
at all levels. The govt provides basic services & amenities to all Costa Ricans
▪ Public – An activity or service that is meant for all people in the country & is mainly organised by the govt.
This includes schools, hospitals, telephone services etc … People can demand these services & also raise
questions about their non-functioning
▪ Private – An activity or service that is organised by an individual or company for their own profit
▪ Medical tourists – Refers to foreigners who come to this country specifically for medical treatment at
hospitals that offer world-class facilities at a lower cost than what they would have to pay in their own
countries
▪ Communicable diseases – Diseases that spread from 1 person to another in many ways such as through
water, food, air etc …
▪ OPD – “Out Patient Dept”. This is where people are 1st brought in & treated in a hospital without being
admitted to any special ward
➢ ½ of children don’t get enough food & are under nourished
➢ Right to health – should be prompt, provided when needed, should be affordable

❖ Gandhian principles
❖ Fundamental Duties
❖ Ayushman Bharat
❖ Rural welfare progs
❖ Success models of Panchayats
 LESSON – 3 – HOW STATE GOVERNMENT WORKS
• From each constituency, people elect 1 representative who then becomes MLA
• A political party whose MLAs have won > ½ the number of constituencies in a State can be said to be a
‘majority’ & that party is called ‘ruling party’ & all other mems are called the ‘opposition’
• After elections, MLAs belonging to the ruling party will elect their leader who will become CM. CM then
selects other people as “Ministers”. Governor appoints both CM & other Ministers
• Legislative Assembly – Place where all the MLAs (ruling + opposition) meet to discuss various things
• Governor is the “Head of the State”, appointed by the Central govt to ensure that the State govt works within
the rules & regulations of the Constitution
• MLAs are together responsible for the work of govt. “govt” refers to govt depts & various Ministers who head
them. This is called the Executive part of the govt. They authorise & supervise the work
• In a democracy, people organise meetings to voice their opinions & protest against the govt
▪ Constituency – A particular area from which all the voters living there choose their representatives. This
could be, for example, a Panchayat ward or an area that chooses an MLA
▪ Majority – This is a situation when more than a half the number in a group supports a decision or an idea.
This is also called a Simple majority
▪ Opposition – This refers to elected representatives who aren’t members of the ruling party & who play the
role of questioning govt decisions & actions as well as raise new issues for consideration of Assembly
▪ Press conference – A gathering of journalists from the media who are invited to hear about & ask questions
on a particular issue & are then expected to report on this to the larger public
➢ Some MLAs have dual responsibilities – one as an MLA & other as a Minister
➢ 91st CAA 2003 – CM + COM shouldn’t exceed 15% of total strength of Vidhan Sabha & shouldn’t be less than
12 members
➢ Legislative supremacy exists in India

❖ Functioning of State govt

❖ Art 153
❖ Art 163
❖ Limitations of CM & Ministers
❖ Executive responsible to Legislature
 LESSON – 4 – GROWING UP AS BOYS & GIRLS
• By gender, we mean the many social values & stereotypes our cultures attach to the biological distinction
“male” & “female”. It is a term that helps us to understand many of the inequalities & power relations
between men & women
• Process of Socialisation isn’t uniform, instead its socially determined & changes continuously over time
• “Change on a large scale usually takes place through collective stuggles”
• Samoan islands are part of a large grp of small islands in Southern part of Pacific Ocean
• In most societies, the roles men & women play or work they do, aren’t valued equally
• According to a study, women spend much more time working than men & have much less time for leisure
• Low value attached to women’s work is part of a larger system of inequality between men & women. It,
therefore has to be dealt with through actions not just at the level of individual or family but also by the
government
• Equality is an imp principle. Our Constitution says that being male or female shouldn’t become a reason for
discrimination
• Govt has passed laws that made it mandatory for organisations that have > 30 employees to provide creche
facilities. It helps promote women employment
▪ Identity – It is a sense of self-awareness of who one is. Typically, a person can have several identities (Ex – a
person can be a girl, a sister & a musician)
▪ Double burden – Means double load. This term is commonly used to describe the women’s work situation. It
has emerged from a recognition that women typically labour both inside the home & outside
▪ Care giving – It refers to a range of tasks related to looking after & nurturing. Besides physical tasks, they
also involve a strong emotional aspect
▪ De-valued – When someone isn’t given due recognition for a task or job they have done, they can feel de-
valued (Ex – If a boy has put in a lot of effort into making a special birthday gift for his friend & this friend
doesn’t say thing about this, then the boy may feel de-valued
➢ Art 15 – State shall not discriminate against any citizen on grounds only of religion, race, caste, “sex”, place
of birth
➢ Gender discrimination is also a form of inequality
➢ Education plays an important role in ensuring equality

❖ Art 15
❖ Beti Bachao, Beti Padao
❖ Equality
 LESSON – 5 – WOMEN CHANGE THE WORLD
• “Getting an education was, and still is, one way in which new opportunities were created for women”
• 83.6% of working women in India are engaged in agricultural work
• It is important to understand that we live in a society in which all children face pressures from the world
around them
Ramabai –
- Lived between 1858 – 1922. She championed the cause of “women education”. She was given the title
“Pandita” because she could read & write Sanskrit. She setup a Mission in Khedgaon near Pune in 1898,
where widows and poor women were encouraged not only to become literate but to be independent
• “Amar Jiban” was the 1st known autobiography written by an Indian woman – Rashsundari
• Many girls leave school for reasons of poverty, inadequate schooling facilities & discrimination
• According to 1961 census, about 40% of all boys & men (7yrs old & above) were literate (that is, they could at
least write their names) compared to just 15% of all girls and women
• According to 2001, 76% boys & men, 54% girls & women were literate
• While a Muslim girl is likely to stay in school for around 3yrs, girls from other communities spend around 4yrs
in school according to Education Survey 2003-04
• Reasons for less attendance of girls – Transportation, Money, Safety & Discrimination by teachers & students
• The diversity, passion & efforts of those involved in Women’s movement made it a very vibrant movement
Methods used in Women’s movement includes –
(a) Campaigning (It led to passage of Bills like the one against domestic violence in 2006, protection of
women against sexual harassment at work place in 1997)
(b) Raising awareness (To raise awareness on women’s rights issues)
(c) Protesting (Public rallies & demonstrations are a very powerful way of drawing attention to injustices)
(d) Showing solidarity (It is also about showing solidarity with other women and causes)
▪ Stereotype – When we believe that people belonging to particular grps based on religion, wealth, language
are bound to have certain fixed characteristics or can only do a certain type of work, we create a stereotype.
They prevent us from looking at people as unique individuals
▪ Discrimination – When we don’t treat people equally or with respect we are indulging in discrimination. It
happens when people or organisations act on their prejudices. It usually takes place when we treat someone
differently or make a distinction
▪ Violation – When someone forcefully breaks a law or a rule openly shows disrespect, we can say that he or
she has committed a violation
▪ Sexual harassment – This refers to physical or verbal behaviour that is of a sexual nature and against the
wishes of a woman

❖ Art 15
 LESSON – 6 – UNDERSTANDING MEDIA
• Media (plural form of medium) & it describes the various ways through which we communicate in society
• Most television channels and newspapers are part of big business houses
• 1 way in which the mass media earns money is by advertising different things like cars, chocolates, clothes,
mobiles etc …
• In a democracy, the media plays a very imp role in providing news and discussing events taking place in the
country and the world
• An independent media means that no one should control and influence its coverage of news. A balanced
media report on the media being independent
• An independent media is important in a democracy
• There are periods in history when the govt censored the media. The worst of these was the Emergency
provisions between 1975 – 1977
• Bundeli is the local language of Uttar Pradesh
Media isn’t really independent because –
(a) Govt control on media
(b) Media tends to focus on a particular aspect of a story because they believe this makes the story interesting
▪ Publish – It refers to newsreports, articles, interviews, stories etc … that are printed in newspapers,
magazines and books for a wide audience to read
▪ Censorship – This refers to the powers that govt has to disallow media from publishing or showing certain
stories
▪ Broadcast – Here, its used to refer to a TV or radio prog that is widely transmitted
▪ Public protest – When a large number of people come together and openly state their opposition to some
issue. Organising a rally starting a signature campaign, blocking roads etc … are some of the ways in which
this is done
➢ Media can make govt responsible
➢ Freedom of Press is included in Art 19(1)(a) and restricted through censorship
➢ Right to Livelihood is part of Art 21 (Right to Life) – Oliga Tellis case on livelihood rights of pavement dwellers

❖ Art 39 (b)
❖ Art 39 (c)
❖ Art 39 (f)
❖ Art 41 – Right to work – DPSP
❖ Art 39 (a) – State shall strive to provide adequate means of livelihood
❖ Art 39 (d) – Equal pay and work
❖ Art 39 (e) – Health and wealth of workers should be preserved
 LESSON – 7 – UNDERSTANDING ADVERTISING
• Advertisements draw our attention to various products and describe them positively so that we become
interested in buying them
• Branding – Means stamping a product with a particular name or sign. This is done so to differentiate it from
other products
• Branding actually came from cattle grazing. Cattle of different owners grazed together in ranches & they
often got mixed up. They started marking their cattle with the owner’s sign by using a beated iron. This was
called “Branding”
• Advertisements have become an important part of our social and cultural life today
• Social advertising – It refers to advertisements made by State or private agencies that have a larger message
for society
• In a democracy, in which all people are equal and should be able to lead a life of minimal dignity, advertising
tends to promote a certain lack of respect for the poor
▪ Product – It refers to a thing or service that has been made for being sold in the market
▪ Consumer – Person for whom the goods or products have been made & who pays money to buy & use them
▪ Brand – Special ID or name that is associated with a product. It created through the process of advertising
▪ Influence – Power to change what someone believes or does
▪ Lifestyle – Refers to people’s lives being identified by the products they own, clothes they wear etc …

LESSON – 8 – MARKETS AROUND US

• The people in between the producer and the final consumer are called Traders
• The trader who finally sells to the consumer is called as Retailer
• When things are sold, it encourages production and new opportunities are created for people to earn
▪ Weekly market – These aren’t daily markets but are to be found at a particular place on one or maybe 2
days of the week. These markets most often sell everything that a household needs ranging from vegetables
to clothes to utensils
▪ Mall – This is an enclosed shopping space. This is usually a large building with many floors that has shops,
restaurants, and, at times, even a cinema theatre. These shops most often sell branded products
▪ Wholesale – This refers to buying and selling in large quantities. Most products, including vegetables, fruits
and flowers have special wholesale markets
▪ Chain of markets – A series of markets that are connected like links in a chain because products pass from 1
market to another
➢ Art 19 (1) (g) – Freedom of profession
➢ Cooperative societies formation – Freedom of Association

❖ Art 38 (Welfare State – Subsidy, Loan waiver, NABARD), 39, 41, 42, 43, 43 A
❖ Right to livelihood
❖ CCI
❖ Demonetisation
 LESSON – 9 – A SHIRT IN THE MARKET
• Putting out system – Whereby the merchant supplies the raw material and receives the finished product. It
is prevalent in the weaving industry in most regions of India
• TN govt runs a free school uniform prog in the State
• Democracy is also about getting a fair wage in the market
• TN’s Erode is the largest cloth market in the world

❖ MSP
❖ Fasal Bhima Yojana
❖ Skill India
❖ NABARD
❖ SHGs
❖ PMKVY

LESSON – 10 – STRUGGLES FOR EQUALITY

• Poverty & lack of resources continue to be a key reason why so many people’s lives are highly unequal
• Discrimination on the basis of a person’s religion, caste & sex is another significant factor for why people are
treated unequally in India
• Acc. to 2001 census, women form 48%, Muslims – 13%, Dalits – 16%, Adivasis – 8% of population
• The displacement of people & communities is a prob that has become quite widespread in our country
• Tawa river – Originates in Mahadeo hills of Chindwara district & joins Narmada in Hoshangabad
• Tawa dam construction began in 1958 and completed in 1978
• Tehri dam – Uttarakhand
• Issues that pose challenge to the idea of equality – privatisation of health services, increasing control that
business house exert on media, low value given to women & their work, low earnings by small farmers etc …
• The dignity & self-respect of each person & their community can only be realised if they have adequate
resources to support & nurture their families & if they aren’t discriminated against

❖ RTI Act
❖ Art 38, 39  Socialistic principles
❖ Kaushal Vikas Yojana
❖ Art 325 – There shall be no claim to special electoral roll
❖ Art 41
 CLASS 8 – SOCIAL & POLITICAL LIFE 3

LESSON – 1 – THE INDIAN CONSTITUTION

• A Visionary docx that reflects a respect for maintaining diversity while preserving national unity
• Anti-colonial struggle had major influence on Indian democracy
• Society has constitutive rules that make it what it is & differentiate it from other kinds of societies. A written
docx in which we find such rules is called “Constitution”
• In 1934, INC (M.N Roy) made the demand for “Constituent Assembly”
• CA was convened on 9 Dec 1946
• It is not necessary that all countries that have Constitution are Democratic
• A good Constitution doesn’t allow whims to change its “Basic structure”

WHY CONSTITUTION?
• It lays down certain ideals that form the basis of the kind of country that we as citizens aspire to live in i.e. it
tells us what the fundamental nature of our society is
• Set of rules on the basis of which Govt should govern i.e. it includes not only the type of Govt but also an
agreement on certain ideals that they believe the country should uphold
• To define the nature of a country’s political system
• It provides safeguards against the misuse of power by leaders – many of these laws are laid down in FR
• To ensure that dominant group doesn’t use its power against other, less powerful people or groups coz every
society is prone to the “tyranny of majority”. Includes both ‘Intra as well as Inter community’ domination
• To save us from ourselves i.e. it protects us against certain decisions that we might take that could have an
adverse effect on larger principles that country believes in

KEY FEATURES:
• Federalism – refers to existence of more than 1 level of Govt
- Subjects of National concern require that all of these States follow the Laws of Central Govt
- Constitution also specifies where each tier of Govt can get the money from the work it does
- Under Federalism, the States aren’t merely agents of Federal Govt but draw their authority from the
Constitution as well
• Parliamentary form of Govt – Diff tiers of Govt have representatives elected who are accountable to ppl
- “C” guarantees Universal Adult Franchise which encourages a Democratic mindset & break the clutches
of traditional caste, class & gender hierarchies
• Separation of powers – there are 3 organs of State
- Legislature – Elected representatives
- Executive – responsible for implementing Laws & running the Govt
- Judiciary – system of Courts
- Each organ acts as a check on the other organs of the State & ensures the balance of power between all 3
• Fundamental Rights – Referred to as “Conscience” of the Constitution
- Protect citizens against the arbitrary & absolute exercise power of the State & Rights of minorities against
majority
- “C” guarantees Rights of individuals against the State as well as against other individuals
- Ambedkar stated that obj of FR must be 2-fold i.e. every citizen must be in a position to claim those rights
& these rights must be binding upon every authority that has got the power to make Laws
- DPSP – to ensure greater social & economic reform & to serve as a guide to independent Indian State to
institute Laws & policies that help reduce poverty of the masses
 - Broadly classified into 6 categories –
(a) Right to Equality
(b) Right to Freedom
(c) Right against Exploitation
(d) Right to freedom of religion
(e) Cultural & Educational Rights
(f) Right to Constitutional Remedies
• Secularism – State doesn’t officially promote any 1 religion as state religion

• Shri AK Ayyar, mem of CA remarked that “this was done with abundant faith in common man & ultimate
success of democratic rule, & in the full belief that intro of democratic Govt on the basis of UAF will bring
enlightenment & promote the well-being, standard of life, the comfort & decent living of common man”
• "Govt” is responsible for administering & enforcing Laws while “govt” can change with elections
• “State” refers to political institution that represents a Sovereign people who occupy a definite territory
• “govt” (or the Executive) is part of State. State refers to more than just govt & can’t be used interchangeably
• Few mems of CA include –
- Shri Jairam Das Daulatram – Min of Food & Agriculture
- Rajkumari Amrit Kaur – Min of Health
- Dr. John Mathai – Min of Finance
- Sardar Patel – Dep PM
- Shri Jagjivan Ram – Min of Labour
 LESSON – 2 – UNDERSTANDING SECULARISM
• Essence of Secularism – is the assumption that all forms of domination related to religion should end
• Acts of discrimination takes place more easily when 1 religion is given Official recognition by the State at the
expense of other religions
• Secularism refers to separation of religion from the State
• Any form of domination based on religion is in violation of these rights that a democratic society guarantees

REASONS FOR SEPARATING RELIGION FROM STATE:

- Tyranny of majority & violation of FR can be the result if not separated
- We need to protect the freedom of individuals to exit from their religion, embrace other religion or have
the freedom to interpret religious teachings differently

WHAT IS INDIAN SECULARISM?

• Secular State can realise its objectives to ensure –
- That 1 religious community doesn’t dominate another
- That some mems don’t dominate other mems of the same religious community
- That the State doesn’t enforce any particular religion nor take away the religious freedom of individuals
• In India, Govt uses the strategy of –
- distancing itself from religion &
- Non-interference i.e. in order to respect the sentiments of all religions and not interfere with religious
practices, the State makes certain exceptions for particular religious communities (Ex – Exemption of
Sikhs from wearing helmet)
- Strategy of intervention – State intervenes in religion in order to end a social practice that it believes
discriminates & excludes & that violates FR (Ex – Abolition of Untouchability & Hindu Succession Act
2005). Intervention can also be in the form of support (Ex – grants religious communities to setup their
own schools)
• Unlike the strict separation b/w religion & the State in American Secularism, in Indian Secularism the State
can intervene in religious affairs
• Interference in religion by the State has to be based on the ideals laid out in the Constitution
 LESSON – 3 – WHY DO WE NEED A PARLIAMENT?
• Parliament enables citizens of India to participate in decision making & control the govt
• Most imp symbol of democracy & key feature of Constitution
• In 1885, INC demanded that there be elected mems in Legislature with a right to discuss the Budget & ask
question
• GOI Act 1909 allowed for some elected representation
• The dreams & aspirations of the freedom struggle were made concrete in our Constitution
• EVMs were used throughout the country for the 1st time in 2004 while 1st used in Kerala by-elections in 1982
• The take-off point for a democracy is the idea of consent i.e. the desire, approval & participation of ppl
• Parliament, which is made up of all representatives together, controls & guides the Govt
• It is the supreme Law-making Institution
• It is an expression of the faith that the people of India have in principles of democracy
• Each of the constituencies elect 1 mem to Parliament

FUNCTIONS OF PARLIAMENT:
• To select the National Govt – Parliament consists of President, RS & LS
- For a Political party to form Govt, they must have “majority of elected MPs”
- Most imp function of LS is to select the Executive
- RS mainly functions as the representative of States. It has the imp role of “reviewing & altering the Laws
initiated by LS
- Mems of RS are elected by the “elected” mems of LAs of various States
• To Control, guide & inform the Govt – Parliament begins with “Ques Hr”
- Ques Hr is an imp way through which Parliament controls the Executive
- In all matters dealing with finances, Parliament’s approval is crucial for the Govt
• Law making

• Since representative democracy can’t produce a perfect reflection of society, some seats are reserved for
SC/STs – so that elected mems would be aware of the interests & probs of the concerned society
• 60 yrs ago, only 4% of MPs were women & today it is just above 9%
 LESSON – 4 – UNDERSTANDING LAWS
• Parliament is in-charge of making Laws
• What the Rule of Law means is that all Laws apply equally to all citizens & no one can be above the Law
• 1 example of arbitrariness that continued to exist as part of British Law is the Sedition Act of 1870
• Any person protesting or criticising the British Govt could be arrested without due trial
• Another example is “Rowlatt Act” – which allowed British govt to imprison ppl without due trial. It came into
effect on 10 March 1919
• By end of 19th century, Indian judges began to play a greater role in making decisions
• There are several ways in which Indians played a major role evolution of Rule of Law during colonial period
• An imp role of Parliament is to be sensitive to the probs faced by ppl

• Domestic violence – refers to injury or harm or threat of injury or harm caused by an adult male, usually the
husband against his wife. Injury may be caused by physically beating up the woman or by emotionally
abusing her. Abuse can also be verbal, sexual & economic abuse. Protection of Women from Domestic
Violence Act 2005 (Civil Law) extends the understanding of the term “domestic” to include all women who
live or have lived together in shared household with male mem who is perpetrating the violence

• When any Law passed by Parliament is unpopular or unacceptable, people might criticise the law, hold public
meetings, write in Newspapers, report to TV news channels etc …
• The Court has the power to modify or cancel Laws if it finds that they don’t adhere to the Constitution
• It is the extent, involvement & enthusiasm of people that helps Parliament perform its representative
functions properly
 LESSON – 5 – JUDICIARY
• “Access to Justice” highlights the role of PIL in facilitating Justice (Mid-day meal  PIL)
• SC was estd on 26 Jan 1950
• Federal Court (1937 – 1949)
• System of Courts with an independent Judiciary is a key feature of our Democracy
• Olga Tellis Vs BMC Case – tried to protect the Livelihoods of Slum dwellers
- Life means something more than mere existence
- Eviction of a person from a pavement/ slum will inevitably lead to deprivation of his means of Livelihood

ROLE OF JUDICIARY:
• Dispute Resolution – resolving disputes b/w citizens, b/w citizens & govt, b/w 2 States & b/w States & Centre
• Judicial Review – Judiciary has the power certain Laws passed by Parliament “if it believes” that these are a
violation of BSD
• Upholding the Law & Enforcing FRs –
- Every citizen has the right to approach SC or HC if they believe their FRs are violated
- Right to Life (Art 21) includes “Right to Health” – (In Paschim Bengal Khet Mazdoor Samiti Vs State of WB
- Right to Food is included in Art 21. SC also ruled that State has the duty to provide food for all
- Courts play an imp role in interpreting FRs of citizens

• Independent Judiciary – 1 aspect is “Separation of Powers” (Art 51)

• There are 3 diff levels of Courts in India
• Integrated Judiciary – 1 feature is ‘the decisions made by SC are binding on all other Courts in India’ & other
feature being ‘Appeal System in India’
• HCs were 1st estd at 3 Presidencies – Calcutta, Bombay & Madras (currently there are 21)
• Some States have branches in other parts of the State for greater accessibility
• Various names of Sub-ordinate Courts = Trial Court = Court of District Judge = Additional Sessions Judge =
Chief Judicial Magistrate = Civil Judge = Metropolitan Magistrate

S No CRIMINAL LAW CIVIL LAW

1 Deals with conduct or acts that the Law defines
as offences (Ex – theft, harassment of women etc)
2 Usually begins with FIR with police who
Investigate the crime after which Case is filed
In the Court
3 If found guilty, accused can be sent to jail or fined
Deals with harm or injury to Rights of Individuals
(Ex – land disputes, purchase of goods etc …)
A petition has to be filed before the relevant Court by
the affected party only
The Court can give specific relief asked for
 LESSON – 6 – UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
• After a person is arrested, it is a Court of Law that decides whether the accused person is guilty or not
• Acc. to Constitution, every individual charged of a crime has to be given a Free Trial (Art 21)
• Art 22 – Every person has a FR to be defended by a Lawyer
• Art 39A – Places duty upon the State to provide a lawyer to any citizen who is unable to engage one due to
poverty or other disability
• Rule of Law wouldn’t make sense if Fair trail isn’t guaranteed
• Right to life can be taken away following a reasonable & just legal procedure (i.e. Procedure estd by Law)
• Role of Police –
- To investigate any complaint about the Commission of a crime
- Investigation includes recording Statements of witnesses, collecting diff kinds of evidence
- They should be in accordance with Law & with full respect for Human Rights
- If police think evidences point to guilt of accused person, they can file a charge sheet
- SC laid down rules for Police at times of arrest, detention & interrogation
• Art 22 – Right to be informed at the time of arrest of offence for which person is being arrested. Right to be
presented before a Magistrate within 24 hrs of arrest. Right not to be ill-treated or tortured during arrest or
in custody. Confessions made in police custody can’t be used as evidence against the accused. A boy under
15 yrs of age & women cannot be called to PS only for questioning
• DK Basu Guidelines – Specific requirements & procedures to be followed by police & other agencies to follow
during arrest, detention & interrogation of any person. They incude –
- Police who carries arrest etc should wear clear, accurate & visible ID & name tags with their designations
- A memo of arrest (including time & date of arrest) should be attested with at-least 1 witness & the memo
should be counter-signed by him
- Person arrested, detained or being interrogated has a right to inform a relative, friend or well-wisher
- When a friend or relative lives outside the district, the time, place of arrest & venue of custody must be
notified by police within 8-12 hrs after arrest
• Role of Public Prosecutor:
- A criminal offence is regarded as “Public wrong” i.e. it is considered to have been committed not only
against the affected victims but against society as a whole
- He/ She represents the interests of the State
- His role begins when interrogation has been conducted & after filing of Charge sheet
• Role of Judge:
- Conducts the trial impartially
- Decides whether a person is guilty or not on the basis of evidence presented & in accordance with Law
• Elements of free trial –
- Copy of charge sheet given to victim (offence should be Crime in Law)
- Trial should be held in Open Court in Public view (in presence of Victim & to be defended by a Lawyer)
- Defence Lawyer can cross-examine all prosecution witnesses
- A person is assumed to be innocent unless & until proven guilty beyond reasonable doubt
- Judgement to be given on the basis of evidence, judge should be impartial
 LESSON – 7 – UNDERSTANDING MARGINALISATION
• Inequality affects different groups & communities by introducing the concept of marginalisation or exclusion
• Marginalisation can be coz of speaking diff languages, diff customs or diff religion etc …
• Marginalisation leads to communities not having access to resources, opportunities & their inability to assert
Rights
• It results in low social status & not having equal access to education and other resources

ADIVASIS
• Adivasis – “Original inhabitants”, communities who lived & often continue to live in close ass’n with forests
• Around 8% of Indian population are Adivasis
• They are not homogenous community (there are around 500 diff Adivasi groups in India)
• Mainly found in States of Chhattisgarh, MP, Jharkhand, Orissa, Guj, Rajasthan, Maha, AP, WB, NE States
• Adivasi societies are also most distinctive coz there is often very little hierarchy among them
• They worship ancestors, village & nature spirits
• During 19th century, many of them converted to Christianity & it emerged as a imp religion
• Santali language has the largest number of speakers
• Niyamgiri hill located in Kalahandi district of Orissa, inhabited by Dongarria Konds
• Losing their lands & access to the forest means that tribals lose their main sources of livelihood & food

MINORITIES
• It is generally used to refer communities that are numerically small in relation to the rest of the population
• Safeguards are needed to protect minority communities against the possibility of being culturally dominated
by majority
• “C” provides these safeguards to protect India’s cultural diversity & promoting equality as well as justice
• Rajindar Sachar Committee examined the Social, Economic & Educational status of the Muslim community
• Acc. to the report, the Avg yrs of schooling for Muslim children b/w 7-16 yrs is much lower than that of other
Socio-religious communities
• 25% of Muslim children in 6-14 yrs have either never been enrolled in school or have dropped out which is
higher than any other socio-religious community
 LESSON – 8 – CONFRONTING MARGINALISATION
• Marginalised have drawn their rights in 2 ways –
- 1st – insisting on their FRs, they forced the govt to recognise the injustice done to them
- 2nd – they have insisted the govt enforce these Laws
• Dalit – “broken”, used deliberately & actively by groups to highlight the centuries of discrimination they have
experienced within caste system
• Bhakti poet – Chokhamela & his wife Soyrabai
• By granting diff forms of cultural rights, Constitution tries to ensure cultural justice to such groups
• Govt operates through Laws to end inequity in the system (Ex – Reservation system)
• Govt across India have their own list of SCs & STs & Backward & Most Backward Classes
• Kabir – 15th century poet, Weaver, belonged to Bhakti tradition. His poetry spoke about his love for the
supreme being free of ritual & priests. He attacked those who attempted to define individuals on the basis of
their religious & caste identities. His poetry brings out the powerful idea of Equality of all human beings &
their labour. He writes about valuing the work & worker irrespective of the work & this becomes the basis for
understanding the entire universe. In his view, every person had the ability to reach the highest level of
spiritual salvation & deep knowledge within themselves through their own experience. He claims that
“Untouchability” is the highest state of knowledge; it means not be touched by narrow limiting ideas i.e. he
turns Untouchability from lowest to highest state that a human can achieve
• SCs & STs (Prevention of Atrocities) Act 1989 – It not only describes crimes but also lets ppl know what
dreadful deeds humans are capable of. It distinguishes crimes into 3 types
- 1st – Lists Modes of Humiliation – both physically horrific & morally reprehensible
- 2nd – Lists actions that “Disposes” Dalits & Adivasis of their meagre resources or which force them into
performing slave labour
- 3rd – Act recognises that crimes against Dalit & tribal women are of a specific kind
• SC observed that the number of manual scavengers in India had increased since the Law on Manual
scavenging in 1993
• ST & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 – It states that this Act is
meant to undo the historical injustices meted out to forest dwelling populations in not recognising their
rights to land & resources.
- It recognises their right to homestead, cultivable & grazing land & to non-timber forest produce
- It includes conservation of forests & bio-diversity
• Constitution states that land belonging to tribal ppl can’t be sold or brought by non-tribal ppl. In case done, it
guarantees the right of tribal people to re-possess the land

❖ SCs & STs (Prevention of Atrocities) Act 1989

❖ Employment of Manual Scavengers & Construction of Dry Latrines (Prohibition) Act 1993
❖ ST & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006
 LESSON – 9 – PUBLIC FACILITIES
• The idea of equity, or equal availability, affordability & quality of water for all, is one of the key issues related
to public facilities
• India has one of the largest numbers of water-borne diseases such as diarrhoea, dysentery, cholera etc …
• Besides safe drinking water, Sanitation is a must in prevention of Water borne diseases
• “Right to Water” is part of Art 21 (Universal Access to Water)
• “Right to Water entitles everyone to sufficient, safe, accessible & affordable water for personal & domestic
use” ------- UN in 2002
• The imp characteristic of a public facility is that once it is provided, its benefits can be shared by many
• Right to Education – for all children b/w the ages of 6-14. Equity in schooling facilities available to all children
is an imp aspect
• 1 of the most imp functions of govt is to ensure that these public facilities are made available to everyone
• Providing health facilities include eradication of preventable diseases like polio etc …
• Budget – Account of expenses the govt has made on its progs in the past yr & how much it plans to spend in
the coming yr
• In Budget, Economic services include – Agri, Industry, Power, Transport, Sci & etc …
• Social services include – Education, Health, Rural development etc …
• Grants/ Assistance for States & UTs – can be used by States for some Social & Economic services also
• Others include – Expenditure on Env & Forests, Earth sciences, External affairs, planning etc …
• Compared to Urban areas, there is an even greater shortage of public water supply in rural areas
• Lack of progress in terms is due to “shortage in supply & there are inequalities in distribution”
• Public facilities should be provided in an “equitable” manner
• Clean Environment is a public facility

❖ Case study of Porto Alegre (Brazil) in Public Water Supply (Pg 114)
❖ Rajkot Sanitation Committee 1896
 LESSON – 10 – LAW & SOCIAL JUSTICE
• Markets everywhere tend to be exploitative of ppl – whether as workers, consumers or producers
• Govt makes Laws to ensure unfair practices are kept at a minimum in the markets
• Minimum wages are revised upwards every yr (Minimum Wages Act)
• Enforcement of Law becomes even more imp when the Law seeks to protect the weak from the strong &
govt can control individuals or Private companies so as to ensure Social Justice
• Right against Exploitation says that no one can be forced to work for low wages or under bondage
• “No child below 14 yrs of age shall be employed to work in any factory or mines or engaged in any other
hazardous employment
• Why foreign companies come to India to setup factories?
- Cheap labour
- Longer hours of work
- Additional expenses like housing facilities for workers are fewer
- High profits
- Lower working conditions
- Unemployment forces ppl to take up jobs irrespective of safety measures & income
• In India, there is a great need for stronger Laws protecting workers’ Rights & better enforcement of Laws
• In Subhash Kumar Vs State of Bihar 1991, SC held that Right to Life is a FR under Art 21
• Emissions from vehicles are a major cause of Environmental pollution (diesel pollution > petrol pollution)

CONSTITUTION AS A LIVING IDEAL –

- With including Right to Health, Water, Clean Env, Livelihood etc … as a Part in Art 21, there expanded the
understanding of Art 21
- This expanded understanding was achieved through the efforts of ordinary citizens to get justice from
the Courts when they believed FR were violated. FR also served as basis for new Laws
- Constitution contains certain Constitutive rules that work towards protecting the dignity & self-respect of
all citizens of India & guard against all forms of possible violations
- This highlights that there is intrinsic flexibility in our Constitution that allows for a continually expanding
list of issues to be included within the idea of dignity & justice
- This flexibility allows for new interpretations of Constitution, hence it can be considered as a Living Docx
• RTI Act 2005 – To empower the citizens, promote transparency & accountability in the working of the govt,
contain corruption, & make our democracy work for ppl in real sense

❖ RTI Act 2005

❖ Constitution as a Living Docx
❖ Art 21
 CLASS 9 – DEMOCRATIC POLITICS 1

LESSON – 1 – DEMOCRACY IN THE CONTEMPORARY WORLD

• More than ½ of independent countries in the world today are democracies
• Democracy is a form of govt that allows people to choose their rulers. In a democracy –
(a) Only leaders elected by people should rule the country &
(b) People have the freedom to express views, freedom to organise and freedom to protest
• USA adopted a democratic Constitution in 1787 but blacks couldn’t exercise the Right to Vote till 1965
• By 1900, New Zealand was the only country where every adult had voting right (given in 1893)
• Early democracies were established in Europe, North America and Latin America
• Ghana (Gold Coast) was a British colony. It gained independence in 1957
• UN is a global association of nations in the world to help cooperation in international law, security, economic
development & social equity. UN Secretary General is the chief administrative officer
• IMF – 1 of the biggest moneylenders for any country in the world. Mems don’t have equal voting rights. Vote
of each country is weighed by how much money it has contributed to IMF. WB has similar system of voting
▪ Censorship – A condition under which the freedom of expression is taken away. Citizens have to take prior
permission from the censor authorities of the govt for making a speech of publishing news & views. Anything
that the govt finds objectionable can’t be published
▪ Coalition – An alliance of people, associations, parties or nations, it may be temporary or as per convenience
▪ Colony – Territory under the immediate political control of another State
▪ Communist State – A State governed by a Communist Party without allowing other parties to compete for
power. The State controls all the big property and industry
▪ Coup – Its sudden overthrow of govt illegally. It may or may not be violent in nature
▪ Martial Law – System of rules that take effect when a military authority takes control of the normal
jurisdiction of justice
▪ Political prisoners – Persons held in prison or otherwise detained, perhaps under house arrest, because govt
considers their ideas, image or activities as a threat to the authority of the State. Often, exaggerated or false
cases are foisted on them and they are kept in detention without following normal law
▪ State – Political association occupying a definite territory, having an organised govt & possessing power to
make domestic & foreign policies. Govt may change, but the State continues
▪ Strike – Mass refusal by workers or employees to perform work due to certain grievances or because of
demands not met. In most democratic countries the Right to Strike is legal
▪ Trade Union – An association of workers for the purpose of maintaining or improving the conditions of their
employment
▪ Veto – Right of a person, party or nation to stop a certain decision or law. It comes from Latin, which means
“I forbid”. A Veto gives unlimited power to stop a decision, but not to adopt one
➢ Democracy – Responsible govt. Story of democracy began with French Revolution of 1789 in modern times

❖ Concept of democracy
❖ Elections
❖ Governance concept with respect to Civil Rights
❖ Parliamentary procedures
❖ FR – Art 21
 LESSON – 2 – WHAT IS DEMOCRACY? WHY DEMOCRACY?
• Democracy is a form of govt in which the rulers are elected by the people
• Democracy is based on a fundamental principle of “Political equality”
• In a democracy, people should be free to think, have opinions, to express these in public, to form
associations, to protest and take other political actions. Everyone should be equal in the eyes of law
• Democracy as a form of govt only ensures that people take their own decisions
• The most common form that democracy takes in our times is that of a “representative democracy”
• Democracy depends on active political participation by all the citizens
Features of democracy –
- In a democracy, the final decision-making power must rest with those elected by the people
- Democracy must be based on free & fair elections where those currently in power have a fair chance of
losing
- In democracy, each adult citizen must have 1 vote and each vote must have 1 value
- Democratic govt rules within the limits set by the Constitutional law and citizens’ rights
Arguments against democracy –
- Leaders keep changing in a democracy which leads to instability
- Democracy is all about political competition & power play. There’s no scope for morality
- Delay in decision making because it involves consolations with many people concerned
- Elected leaders don’t know the best interest of the people. It leads to bad decisions
- Democracy leads to corruption for it is based on electoral competition
- Ordinary people don’t know anything, they shouldn’t decide anything
Arguments for democracy –
- Democratic govt is better because it is a more accountable form of govt (it responds to needs of people)
- It improves the quality of decision making (because it involves consultations & discussions)
- It provides a method to deal with differences and conflicts
- It enhances the dignity of citizens (people aren’t subjects of a ruler, they are rulers themselves)
- It allows us to correct its own mistakes
➢ We are voters until & unless disqualified as voters (as per Sec 62 & 16 of RoP Act of 1951)
➢ No one can be stopped from forming political parties – guaranteed by Freedom of expression – Art 19(1)(c))

❖ Responsible govt
❖ Separation of powers
❖ BSD
❖ Keshavananda Bharati case 1973
❖ Drizzle Vs Cloudburst (for geography)
 LESSON – 3 – CONSTITUTIONAL DESIGN
• As the supreme law of the country, the Constitution determines the rights of citizens, the powers of govt and
how the govt should function
• Apartheid was the name of a system of racial discrimination unique to South Africa introduced by Whites
• South Africans call themselves a “Rainbow nation”
• Constitution is the supreme law that determines the relationship among people living in a territory (called
citizens) and also the relationship b/w the people and govt
• “When our Constitution was drafted, we were rising from the status of subjects to that of citizens”
• Our national movement wasn’t merely a struggle against a foreign rule. It was also a struggle to rejuvenate
our country and to transform our society and politics
• In 1928, Motilal Nehru and 8 other Congress leaders drafted a Constitution for India
• In 1931, a resolution at the Karachi session of the INC dwelt on how independent India’s constitution should
look like
• Elections were held in 1937 to Provincial Legislatures and Ministries all over British India
• Elections to Constituent Assembly were held in July 1946 (indirect elections)
• Constituent Assembly that wrote Indian Constitution had 299 members
• Preamble is the short statement of basic values at the beginning of the Constitution. It’s the main philosophy
on which the entire is built. It’s the soul of the Constitution
Constitution –
(a) It generates a degree of trust & coordination that is necessary for different kind of people to live together
(b) It specifies how the govt will be constituted, who will have power to take which decisions
(c) It lays down limits on the powers of the govt and tells us what the rights of the citizens are and
(d) It expresses the aspirations of the people about creating a good society

KEY WORDS OF PREAMBLE –

We, the people of India – The Constitution has been drawn up & enacted by the people through their
representatives, and not handed down to them by a king or any outside powers
Sovereign – People have supreme right to make decisions on internal as well as external matters. No
external power can dictate the govt of India
Socialist – Wealth is generated socially and should be shared equally by society. Govt should regulate the
ownership of land and industry to reduce socio-economic inequalities
Secular – Citizens have complete freedom to follow any religion. But there is no official religion. Govt
treats all religious beliefs and practices with equal respect
Democratic – A form of govt where people enjoy equal political rights, elect their rulers and hold them
accountable. The govt is run according to some basic rules
Republic – The head of the State is an elected person & not a hereditary position
Justice – Citizens can’t be discriminated on the grounds of caste, religion and gender. Social inequalities
have to be reduced. Govt should work for the welfare of all, especially of the disadvantaged groups
Liberty – There are no unreasonable restrictions on the citizens in what they think, how they wish to
express their thoughts and the way they wish to follow up their thoughts in action
Equality – All are equal before the law. The traditional social inequalities have to be ended. The govt
should ensure equal opportunity for all
Fraternity – All of us should behave as if we are members of the same family. No one should treat a
fellow citizen as inferior
• Sardar Patel – Min of Home, Information and Broadcasting in the interim govt. Leader of Bardoli satyagraha
• Abul Kalam Azad – Educationist, author & theologian. Scholar of Arabic. Opposed Muslim separatist
politics. Later, Education Minister in the 1st Union cabinet
• TT Krishnamachari – Mem of Drafting committee. Finance Minister in the Union Cabinet
• Rajendra Prasad – Prez of CA. Played role in Champaran satyagraha. 1st Indian Prez. 3 times Prez of INC
• Jaipal Singh – Sportsman & educationist. Captain of 1st National Hockey team. Founder President of Adivasi
Maha Sabha. Later founder of Jharkhand Party
• HC Mookherjee – Vice Chairman of CA. reputed author & educationist. Mem of All India Christian Council &
Bengal Legislative Assembly. Later, Governor of WB
• Durgabai Deshmukh – Advocate & public activist for women’s emancipation. Founder of Andhra Mahila
Sabha. Later, founder chairperson of Central Social Welfare Board
• Baldev Singh – Entrepreneur & leader of Panthic Akali Party. Defence Minister in Union Cabinet
• KM Munshi – Advocate, historian & linguist. Minister in Union. Founder of Swatantra Party
• BR Ambedkar – Social revolutionary thinker & agitator against caste divisions & caste-based inequalities.
Law Minister in 1st Union Cabinet. Founder of Republican Party of India
• Shyama Prasad Mukherjee – Min for Industry & Supply in the interim govt. Educationist & lawyer. Founder
President of Bharatiya Jansang
• Jawaharlal Nehru – Advocate of Socialism, democracy & anti-imperialism. 1st PM of India
• Sarojini Naidu – Poet, writer and political activist. Later, governor of UP
• Somnath Lahri – Writer & editor. Leader of CPI. Mem of LA of WB

▪ Apartheid – Official policy of racial separation & ill treatment of blacks followed by govt of South Africa b/w
1948-89
▪ Constitution – Supreme law of a country, containing fundamental rules governing the politics & society
▪ Philosophy – The most fundamental principles underlying one’s thoughts & actions
▪ Preamble – An introductory statement in a Constitution which states the reasons & guiding values
▪ Tryst – Meeting or meeting place that has been agreed upon

➢ Govt should be answerable in a democracy

➢ LEX REX – Law is the King

❖ Preamble
❖ CA – legal philosophy & salient features
❖ History of Constitution of India
 LESSON – 4 – ELECTORAL POLITICS
In an election, voters can –
(a) Choose who will make laws for them
(b) Choose who will form the govt & take major decisions
(c) Choose the party whose policies will guide the govt & law making
Minimum conditions of a democratic election –
(a) Everyone should have 1 vote & every vote should have equal value
(b) There should be something to choose from – Parties & candidates should be free to contest & should
offer some real choice to voters
(c) Choice should be offered at regular intervals
(d) Candidate preferred by the people should get elected
(e) Elections should be conducted in free & fair manner
• By-election – Held in only for 1 constituency to fill the vacancy caused by death or resignation of a member
• Each Parliamentary constituency has within it several assembly constituencies
• Currently in LS, 84 seats are reserved for SCs & 47 for STs (as in 2012)
• The proportion of seats for OBCs varies from State to State
• Every citizen has the right to vote, regardless of his caste, religion or gender. Some criminals & persons with
unsound mind can be denied the right to vote
• EPIC – Election Photo Identity Card. Govt has tried to give this card to every person on the Voters list. This is
not compulsory. Voters can show many other ID proofs
• Election campaigning takes place for 2-week period b/w the announcement of the final list of candidate &
date of poling
Declaration to be made by contesting candidates –
(a) Serious criminal cases pending against the candidate
(b) Details of assets & liabilities of the candidate and his/ her family
(c) Education qualifications of the candidate
Slogans by different political parties –
(a) Garibi Hatao – Indira Gandhi (INC) in 1971
(b) Save democracy – Janata Party in 1977
(c) Land to the tiller – Left Front in WB Assembly elections in 1977
(d) Protect the self-respect of the Telugus – N.T Rama Rao (TDP) in 1983 in AP Assembly elections
No party or candidate can –
(a) Bribe or threaten voters
(b) Appeal to them in the name of caste or religion
(c) Use govt resources for election campaign
(d) Spend > 25 lakh in a constituency for a LS election or > 10 lakh in an Assembly election
- If they do so, their election can be rejected by the Court even after they have been declared elected
Model Code of Conduct –
No party or candidate can:
(a) Use any place of worship for election propaganda
(b) Use govt vehicles, aircrafts & officials for elections and
(c) Once elections are announced, Ministers shall not lay foundation stone of any projects, take any big policy
decisions or make any promises of providing public facilities
• An agent of each candidate is allowed to sit inside the poling booth & ensure that the voting takes place in a
fair way
• A Ballot paper contains – names of candidates along with party name and symbols
• EVMs show names of the candidates & the party symbol
• CEC is appointed by Prez. But once appointed, CEC isn’t answerable to Prez or the govt
Powers of Election Commission of India –
(a) It takes decisions on every aspect of conduct & control of elections from the announcement of elections
to the declaration of the results
(b) It implements Code of Conduct & punishes any candidate or party that violates it
(c) During election period, EC can order the govt to follow some guidelines, to prevent use and misuse of
governmental power to enhance its chances to win elections, or to transfer some govt officials
(d) When on election duty, govt officers work under the control of EC & not the govt
Challenges & Limitations of Indian election –
(a) Candidates & parties with a lot of money may not be sure of their victory but they do enjoy a big and
unfair advantage over smaller parties & independents
(b) In some parts, candidates with criminal connection have been able to push others out of the electoral
race and to secure a “ticket” from major parties
(c) Some families tend to dominate political parties; tickets are distributed to relatives from these families
(d) Very often, elections offer little choice to ordinary citizens, for both the major parties are quite similar to
each other both in policies & practices
(e) Smaller parties & independents suffer a huge disadvantage compared to bigger parties
▪ Booth capturing – Supporters or hired musclemen of party or a candidate gain physical control of a polling
booth & cast false votes by threatening people or by preventing genuine voters from reaching polling booth
▪ Code of Conduct – A set of norms & guidelines to be followed by political parties & contesting candidates
during election time
▪ Turn out - % of eligible voters who cast their votes in an election
➢ On 1st Jan every year – electoral list will be updated
➢ PM is called Primus Inter Paris
➢ Amnesty International – Human Rights organisation. Collected information on the condition of the prisoners
in Guantanamo Bay

❖ Representative democracy
❖ Delimitation Commission
❖ Electoral money bonds
❖ Election affidavit
❖ Model Code of Conduct
❖ EVMs
❖ VVPAT
❖ NOTA
❖ By-elections
❖ Reserved Constituencies
❖ Elections
 LESSON – 5 – WORKING OF INSTITUTIONS
• In a democracy, rulers have to follow some rules & procedures. They have to work with & within institutions
• President is the Head of the State & is the highest formal authority in the country
• PM is the Head of the govt & actually exercises all govt powers. He takes most of the decisions in the Cabinet
• Parliament consists of President, LS & RS. PM must have the support of majority of LS members
• GOI appointed 2nd Backward Classes Commission in 1979 headed by BP Mandal to determine the criteria to
identity the Socially & Educationally backward classes in India & recommend steps for their advancement
• In Indira Sawhney case, 11 judge SC bench upheld the govt order of 27% reservation for OBCs but introduced
the concept of Creamy layer among OBCs
• Civil servants – responsible for taking steps to implement the ministers’ decisions
• President is a part of the Parliament though he isn’t a member of either Houses of Parliament (Hence
President’s assent is needed to pass Bills
Political authority of Parliament –
(a) It’s the final authority for making Laws. They can make new laws, change existing ones etc …
(b) It exercises some control over those who run the govt. In India, its direct & full
(c) It controls all the money that govts have
(d) It’s the highest forum of debate & discussion on public issues & national policy. It can seek any info
Supreme powers of LS –
(a) In case of Joint Session, LS prevails because of its larger membership
(b) It exercises more powers in money matters (Ex – Money Bill)
(c) It controls Council of Ministers. Only a person who enjoys the support of majority of mems in LS is
appointed the PM. There is no power of passing ‘no confidence motion’ in RS
• Executive – They are in-charge of execution of the policies of govt
• “Experts (political executive) can tell the route, but someone (permanent executive) with a larger view
decides the destination
• PM doesn’t have fixed tenure; he continues in power as long as he remains leader of the majority party in LS
Types of Ministers –
(a) Cabinet Ministers – Top level leaders in-charge of major ministries. They meet to take decisions in the
name of COM. It’s the inner ring of COM
(b) Ministers of State with independent charge – In-charge of smaller ministries. They participate in Cabinet
meetings only when specially invited
(c) Ministers of State – They are attached to and required to assist Cabinet Ministers
Powers of PM –
- He chairs Cabinet meetings
- He coordinates the work of different departments
- His decisions are final in case disagreements arise between depts
- He exercises general supervision of different ministries
- He distributes & redistributes work to Ministers
- He has the power to dismiss ministers
- When the PM quits, entire ministry quits
• President supervises the overall functioning of all the political institutions in the country so that they operate
in harmony to achieve the objectives of the State
• Elected mems of Parliament and elected mems of LAs elect the President
• All govt activities take place in the name of President. All laws & major policy decisions of the govt are issued
in the name of President. All major appointments are made in his name. all international agreements &
treaties are made in his name. He is the supreme commander of the defence forces in India
SC can take up any cases –
(a) Between the citizens of the country
(b) Between citizens & govt
(c) Between 2 or more State govts
(d) Between govts at Union & State levels
• Judges of SC & HC are appointed by President on the advice of PM in consultation with CJI
• A judge can be removed only by an impeachment motion passed separately by 2/3rd mems of 2 Houses of
Parliament
• SC acts as the guardian of FRs

▪ Coalition govt – Govt formed by alliance of 2 or more political parties, usually when no single party enjoys
majority support of the members in a legislature
▪ Executive – A body of persons having authority to initiate major policies, make decisions & implement them
on the basis of the Constitution and laws of the country
▪ Govt – A set of institutions that have the power to make, implement & interpret laws so as to ensure an
orderly life. It administers & supervises over citizens and resources of a country
▪ Judiciary – An institution empowered to administer justice & provide mechanism for resolution of legal
disputes. All courts are collectively referred to as Judiciary
▪ Legislature – An assembly of people’s representatives with the power to enact laws for a country. In
addition to enacting laws, legislatures have the authority to raise taxes & adopt budget and other Money Bills
▪ Reservations – A policy that declares some positions in govt employment & educational institutions
“reserved” for people and communities who have been discriminated against, are disadvantaged & backward
▪ State – Political association occupying a definite territory, having an organised govt & possessing power to
make domestic & foreign policies. Govt may change, but the State continues
➢ Art 53 – All the Executive power of the govt shall be vested with the President. He shall exercise his powers
directly or through officers’ subordinate to him (it can include PM + UCOM)
➢ 42nd CAA 1976 – President is bound to accept the advice of UCOM
➢ Cabinet – Nucleus of Parliament

❖ Indira Sawhney case

❖ Types of Ministers
 LESSON – 6 – DEMOCRATIC RIGHTS
• Citizens’ democratic rights set limits in a democracy
• Rights are claims of a person over other fellow beings, over the society & over the govt
• Rights are reasonable claims of persons recognised by society and sanctioned by law
RIGHTS IN INDIAN CONSTITUTION –
(A) Right to Equality (Art 14 – 18) – Equality means giving everyone an equal opportunity to achieve
whatever one is capable of
- Constitution says that the govt shall not deny to any person in India equality before the Law or equal
protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s
status. This is called as Rule of Law
- Govt shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth
- No citizen shall be discriminated against or made ineligible for employment on grounds of religion, race,
caste, sex or place of birth
- Abolition of untouchability & its practice is made a punishable offence
(B) Right to Freedom (Art 19 – 22) – Freedom means absence of constraints. Practically it means absence of
interference in our affairs by others (both individuals & govt). But a person shouldn’t exercise his freedom in
such a way that violates others’ right to freedom. Govt can impose certain restrictions on our freedoms in
larger interests of the society. Freedom isn’t unlimited license
- Freedom of Speech & Expression – It can’t be used to instigate violence against others or govt. iIt can’t be
used to defame others that causes damage to a person’s reputation
- Freedom of assembly in a peaceful manner – Citizens have the freedom to hold meetings, processions,
rallies and demonstrations on any issue. They shouldn’t lead to public disorder or breach of public peace
- Freedom to form associations & unions
- Freedom to move freely throughout the country
- Freedom to reside in any part of the country and
- Freedom to practice any profession, or to carry on any occupation, trade or business
- No person can be deprived of his life or personal liberty except according to procedure established by law
(C) Right against Exploitation -
- Constitution prohibits “traffic in human beings” – it means buying & selling of humans for illegal purposes
- It prohibits forced labour or begar in any form (Begar – A practice where the worker is forced to render
service to the ‘master’ free of charge or at a nominal price)
- It prohibits child labour – No one can employ a child below the age of 14 to work in any factory or mine
or in any other hazardous work, such as railways or ports
(D) Right to Freedom of Religion –
- India is a Secular country (Secularism is based on the idea that the State is concerned only with relations
among humans, and not with the relation b/w humans & god). Secular State doesn’t establish any one
religion as official religion
- Indian Secularism practices an attitude of a principled & equal distance from all religions
- Everyone has the right to profess, practice and propagate the religion he or she believes in (It doesn’t
mean that a person has the right to compel another person to convert into his religion by means of force,
fraud, inducement or allurement)
- Govt can’t compel any person to pay any taxes for the promotion or maintenance of any particular
religion or religious institutions
(E) Cultural & Educational Rights –
- Any section of citizens with a distinct language or culture has a right to conserve it
 - Admission to any educational institution maintained by govt or receiving govt aid can’t be denied to any
citizen on the grounds of religion or language
- All minorities have the right to establish & administer educational institutions of their choice
*Minority doesn’t mean only religious minority at the national level*
(F) Right to Constitutional Remedies –
- Fundamental Rights are enforceable
- It is called the “heart & soul” of the Constitution
- FR are guaranteed against actions of Legislature, Executive & any other authorities instituted by the govt
- Courts also enforce the FRs against private individuals & bodies
- Under PIL, any citizen or group of citizens can approach SC or HC for the protection of public interest
against a particular law or action of govt

Procedure established by law –

- A person who is arrested and detained in custody will have to be informed of the reasons of such arrest
& detention
- A person who is arrested & detained shall be produced before the nearest magistrate within a period of
24hrs of arrest
- Such a person has the right to consult a lawyer or engage a lawyer for his defence
NHRC –
- Independent Commission setup by law in 1993. Mems are appointed by President
- For it, human rights also include the rights mentioned in the UN sponsored international treaties that
India has signed
- It makes independent & credible inquiry but it itself can’t punish the victim
- Like any other Court, it can summon witnesses, ques any govt official, demand any official paper, visit any
prison for inspection or send its own team
• RTI was made under the Fundamental Right to Freedom of thought & expression
• Right to life includes Right to food
• Right to Property isn’t a FR but a Constitutional Right
• Right to vote in elections is another imp Constitutional Right
• Human Rights – Universal moral claims that may or may not have been recognised by law

▪ Amnesty International – Organisation of volunteers who campaign for Human Rights. It brings out
independent reports on violation of human rights all over the world
▪ Dalit – A person who belongs to the castes which were considered low & not touchable by others. Also
known by the names like Scheduled Castes, Depressed classes etc ...
▪ Ethnic group – They are those whose mems usually identify with each other on the basis of a common
ancestry. They are united by cultural practices, religious beliefs & historical memories

➢ Majoritarianism
 CLASS 10 – DEMOCRATIC POLITICS II

LESSON – 1 – POWER SHARING

• In a democracy, all power doesn’t rest with any 1 organ of the govt
• Belgium has borders with France, Netherlands, Germany & Luxembourg
• Tamils are concentrated in the North East of SL (SL became independent in 1948)
• Brussels is the HQ of EU
Why power sharing is desirable?
- Its good because it helps to reduce the possibility of conflict between the social groups & ensures
stability of political order
- It’s the very spirit of democracy (democratic rule involves power sharing with those affected by its
exercise & who have to live with its effects)
- “A legitimate govt is the one where citizens, through participation, acquire stake in the system”
Forms of power sharing –
(a) Among different organs of govt – Like between Legislature, Executive & Judiciary. It is called ‘horizontal
distribution’ (because it allows different organs of govt placed at same level to exercise different powers). This
system is called “System of checks & balances”
(b) Among govt at different levels – This is called ‘federal division of power’. Also called ‘Vertical division of
power’ (because division of power involves higher and lower levels of govt)
(c) Among different social groups – Like religious & linguistic groups. This type of arrangement is meant to give
space in the govt & administration to diverse social groups who otherwise would feel alienated from the govt
(Ex – Reserving seats in local bodies for women, SCs, STs & OBCs). It gives minorities a fair share in power
(d) Can also be seen in the way political parties, pressure groups & movements control or influence those in
power (leads to sharing among different parties that represent different ideologies & social groups)
▪ Ethnic – A social division based on shared culture. People belonging to the same ethnic group believe in their
common descent because of similarities of physical type or of culture or both. They need not always have the
same religion or nationality
▪ Majoritarianism – A belief that the majority community should be able to rule a country in whichever way it
wants, by disregarding the wishes & needs of the minority
▪ Civil War – A violent conflict b/w opposing groups within a country that becomes so intense that it appears
like a war
➢ In USA, there is doctrine of separation of powers, in India, there is doctrine of checks & balances

❖ Fundamental Rights
❖ Federalism
❖ Democracy
❖ Art 29, 30
❖ Doctrine of checks & balances
 LESSON – 2 – FEDERALISM
• Federalism - System of govt in which the power is divided between a Central authority & various constituent
units of the country. Both the levels of govt enjoy their power independent of each other
• In Unitary system – Either there is only 1 level of govt or the sub-units are subordinate to the Central govt
• An ideal federal system has both aspects – mutual trust & agreement to live together
Key features of Federalism –
- There are 2 or more levels of govt
- Different tiers of govt govern the same citizens, but each tier has its own ‘jurisdiction’ in specific matters
of Legislation, taxation & administration
- Jurisdictions of the respective tiers of govt are specified in the Constitution. So, the existence & authority
of each tier of govt is constitutionally guaranteed
- Fundamental provisions of the Constitution can’t be unilaterally changed by 1 level of govt. Such changes
require the consent of both the levels of govt
- Courts have the power to interpret the Constitution & the powers of different levels of govt
- Sources of revenue for each level of govt are clearly specified to ensure its financial autonomy
- Federal system has dual objectives – To safeguard & promote the unity of the country, while at the same
time accommodate regional diversity
Types of federation –
Coming together federations Holding together federations
1. Independent States come together on their 1. When a large country decides to divide its
own to form a bigger unit, so that by pooling power between the Constituent States &
sovereignty & retaining identity they can national govt
increase their security
Ex – USA, Swiss, Australia Ex – India, Spain & Belgium
2. Constituent States have equal power & are 2. Central govt needs to be more powerful
strong in comparison to Centre than the States
3. Very often, constituent units of federation
have unequal powers. Some units are granted
special powers
• Constitution declared India as “Union” of States, but it’s based on the principles of federalism
• The distribution of Legislative powers between Central & State govts – 7th Schedule
• When there’s conflict b/w Central & State govts on matters in Concurrent list, law made by Union prevails
• Central govt has special powers in running UTs
• Any changes to federal matters have to be 1st passed by both the Houses of Parliament with at least 2/3rd
majority and then has to be ratified by legislatures of at least ½ States
• Federalism is part of BSD (Indira Sawhney case)
• “The real success of federalism in India can be attributed to the nature of democratic politics in our country”
How federalism is practised in India?
(a) Linguistic States –
- States were formed on the basis of language. Some States were created to recognise differences based
on culture, ethnicity or geography (Ex – Nagaland, Uttarakhand & Jharkhand). Formation of linguistic
States actually made the country more united
(b) Language policy –
- Our Constitution didn’t give the status of National lang to any one lang. Hindi is our ‘official lang’
- Besides Hindi, 21 other languages were recognised as Schedule languages (8th Schedule)
- States too have their official languages
 - Acc. to our Constitution, use of English for official purposes was to stop by 1965
- Promotion of Hindi continues to be the official policy of GOI
(c) Centre-State relations –
- Restructuring centre-state relations is one more way in which federalism was strengthened
- Rise of Coalition govts & rise of regional parties coming to power led to a new culture of power sharing &
respect for the autonomy of States. It was supported by SC judgement which made it difficult for Central
govt to arbitrarily dismiss the State govts
• Local govt is the best way to realise one imp principle of democracy, namely local self-government
• Now, its constitutionally mandatory to hold regular elections to local govt bodies
• The States govts are required to share some powers & revenue with local govt bodies. The nature of sharing
varies from State to State
• Gram Panchayat works under the overall supervision of Gram Sabha (it also reviews the performance of GP)
• All the Panchayat Samitis or Mandals in a district together constitute the Zilla Parishad. Most mems of ZP are
elected. Mems of LS & MLAs of that district level bodies are also its mems. Zilla Parishad chairperson is the
political head of Zilla Parishad

▪ Jurisdiction – The area over which someone has legal authority. The area may be defined in terms of
geographical boundaries or in terms of certain kinds of subjects
▪ Coalition govt – A govt formed by the coming together of at least 2 political parties. Usually partners in a
coalition form a political alliance & adopt a common program
➢ Canada is also an example of Quasi Federal State (in the middle of 19th century)
➢ Art 40 (Gandhian principle) – Organised & empowered Panchayats
➢ 7th Schedule (underlying spirit of legislative division of power) – Art 246. Executive powers are coterminous
with the Legislative powers
➢ Changes in Fundamental Rights requires the consent of both the levels of govt
➢ Art 131 – SC has Original jurisdiction w.r.t Centre-State or State-State relations
➢ Art 262 – Inter State Water disputes
➢ Art 248 – Any subject which isn’t either in the 3 lists, then those matters are called Residuary powers (come
under the Central govt) while in case of true federal countries like USA, they lie with the States
➢ Art 3 – Parliament can form new State/ increase or decrease the boundary of a new State/ alters the
boundaries or names of the State
➢ India is a Quasi-Federal State with a Unitary tilt
➢ 7th CAA, 1956 – States Reorganisation Act
➢ Union govt shouldn’t delegate or dominate, it shouldn’t distribute

❖ Art 370 & 35A

❖ 7th Schedule
❖ Centre-State relations
 LESSON – 3 – DEMOCRACY AND DIVERSITY
• “Race isn’t purely biological. It is as much as legal & sociological category as caste”
• Not all social differences are based on accident of birth, some are by choices
• Not every social difference leads to social division. It takes place when social difference overlaps with other
differences
• Political competition along religious ending ethnic lines led to the disintegration of Yugoslavia into 6
independent countries
• “History shows that democracy is the best way to fight for recognition & also accommodate diversity
Three determinants –
3 factors are crucial in deciding the outcome of politics of social divisions:
(a) Outcome depends on how people perceive their identities – It is easier if the people see that their
identities are multiple & complementary with national identity
(b) It depends on how political leaders raise the demands of any community – It is easier to accommodate
demands that are within the constitutional framework & aren’t at the cost of another community
(c) It depends on how the govt reacts to demands of different groups – If the rulers are willing to share power
& accommodate the reasonable demands of minority community, social divisions become less threatening
for the country

▪ Migrant – Anybody who shifts from one region or country to another region within a country or to another
country, usually for work or other economic opportunities
➢ Civil Rights Movement – (1954 – 1968)
➢ Justice – social, economic & political
➢ Equality is part of BSD (Indira Sawhney case)

❖ Art 25 – 28 – Freedom of worship  Right to religious freedom

❖ Art 29 & 30 – Cultural & Educational Rights
❖ Justice, liberty, equality & fraternity
❖ Art 14 – 18
❖ Invisible apartheid
 LESSON – 4 – GENDER, RELIGION & CASTE
• Feminist movements – More radical women’s movements aimed at equality in personal & family life as well
• Scandinavian countries like Sweden, Norway & Finland have very high participation of women in public life
• Equal Remuneration Act 1976, provides that equal wages should be paid to equal work (Art 39 (2) + 42)
• Child sex ratio (number of girl children per thousand boys) in our country is approx 914
• “Unless women control power, their probs will not get adequate attention. One way to ensure this is to have
more women as elected representatives
• The % of elected women members in LS never reached even 10% of its strength
• Gandhiji used to say that religion can never be separated from politics. What is meant by religion wasn’t any
particular religion like Hinduism or Islam but moral values that inform all religions. He believed that politics
must be guided by ethics drawn from religion
• Prob happens when beliefs of one religion are presented as superior to those of other religions, when the
demands of one religious group are formed in opposition to another & when State power is used to establish
domination of one religious group over the rest
• Communal politics is based on the idea that religion is the principal basis of social community
• In its extreme form communalism leads to the belief that people belonging to different religions can’t live as
equal citizens within one nation. Either, one of them has to dominate the rest or form different nations
• In caste system, hereditary occupational division was sanctioned by rituals
• Caste system was based on exclusion of & discrimination against the “outcaste” groups
• Casteism is rooted in the belief that caste is the sole basis of social community
• PM’s High-Level Committee – Sachar Committee shows that the proportion of the Muslims is expected to go
up a little, by about 3 – 4% in the next 50yrs
• In 2001, SCs were 16.2% and STs were 8.2% of the country’s population
Various forms communalism can take in politics –
(a) Most common expression of communalism is in everyday beliefs (which involve prejudices, stereotypes)
(b) A communal mind often leads to a quest for political dominance of one’s own religious community
(c) Political mobilisation on religious lines (involves use of religious symbols, leaders etc …)
(d) Sometimes, it takes the ugliest form of communal violence, riots & massacre
Secular principles in Indian context –
- Our constitution doesn’t give a special status to any religion
- Constitution provides to all individuals & communities freedom to profess, practice & propagate any
religion or not to follow any
- Constitution prohibits discrimination on the grounds of religion
- It allows State to intervene in the matters of religion in order to ensure equality within religious
communities (Ex – Ban on untouchability)
Various forms caste can take in politics –
(a) When parties choose candidates in elections, they keep in mind the composition of electorate
(b) Political parties & candidates in elections make appeals to caste sentiment to muster support
Caste getting politicised take various forms like –
- Each caste group tries to become bigger by incorporating within it neighbouring castes & sub-castes
- Various caste groups are required to enter into a coalition with other castes or communities
- New kinds of caste groups have come up in political arena like ‘forward’ & ‘backward’ caste groups

▪ Sexual division of labour – A system in which all work inside the home is either done by the women of the
family, or organised by them through the domestic helpers
▪ Feminist – A man or woman who believes in equal rights & opportunities for women & men
▪ Patriarchy – Literally, rule by father, this concept is used to refer to a system that values men more & gives
them power over women
▪ Family Laws – Those laws that deal with family related matters such as marriage, divorce, adoption,
inheritance etc … In our country, different family laws apply to followers of different religions
▪ Occupational mobility – Shift from one occupation to another, usually when a new generation takes up
occupations other than those practised by their ancestors
➢ Art 15 – No discrimination by State on the basis of religion, race, caste, sex or place of birth
➢ Art 15 (3) – State can make special provision for women & children (Its not a kind of discrimination, it’s a
special provision)
➢ Discrimination is allowed but only on the basis of certain grounds i.e +ve discrimination is allowed, -ve
discrimination isn’t allowed
➢ Art 15(4) – (Champakam Dhorai Rajan case)
➢ Francis Coralie Mullin Vs Administrator, UT of Delhi – Education must be given with choice & dignity
➢ 86th CAA 2002 – Right to education
➢ Mohini Jain Vs UOI 1992 – SC  Art 45
➢ Secularism was considered as BSD in Indira Sawhney Case
➢ Diversity forms the basis of unity but not discrimination

❖ Maneka Gandhi Vs UOI

❖ Beti Bachao Beti Padao
❖ Female foeticide
❖ Pre Natal-Diagnostic Test (PNDT)
❖ Prevention of sexual harassment at work place Act
❖ Communalism
❖ Uniform Civil Code
❖ Shah Bhanu Case 1985 (Sec 125 of CrPC)
❖ Art 25 – 28
❖ Art 15 – 17
❖ Art 46
❖ Art 39
❖ National Commission for SC
❖ National Commission for ST
❖ National Commission for OBC
❖ Reservation policy
❖ Art 15 (2)
 LESSON – 5 – POPULAR STRUGGLES AND MOVEMENTS
• Pressure groups - Organisations that attempt to influence govt policies, they don’t aim to directly control or
share political power. formed when people with common occupation come together to achieve common obj
• People’s movements – Work similar to pressure groups but they have loose organisation. Their decision
making is informal & flexible. They depend more on spontaneous mass participation than an interest group
Types of interest groups –
(a) Sectional interest groups – They seek to promote the interests of a particular section of society (Ex – Trade
Unions, Business associations etc …). Their principal concern is the betterment & wellbeing of their mems, not
the society in general
(b) Public interest groups – They represent some common or general interest that needs to be defended. The
mems of the group may not benefit from the cause it represents. Also called Promotional groups
Movement groups –
(a) Issue specific – They seek to achieve a single objective within a limited time frame (Ex – Narmada Bachao
Andolan). They have clear leadership & organisation
(b) Broad – They are long term & involve more than one issue (Ex – Environment movement, Women’s
movement). There’s no single organisation that controls or guides such movements. All the issues have
separate organisations, independent leadership & often different views on policies
INFLUENCE OF PRESSURE GROUPS & MOVEMENTS ON POLITICS –
- They try to gain public support & sympathy for their goals & activities by campaigns, organising meetings,
influencing media & filing petitions etc …
- They often organise protest activity likes strikes or disrupting govt progs (they try to force govt)
- Business groups often employ professional lobbyists or sponsor expensive advertisements. Some people
may participate in official bodies & committees that offer advice to the govt
- Some groups are formed or led by leaders of political parties or act as their extended arms (Ex – Most of
the students’ organisations & trade unions etc …)
- Some times political parties grow out of movements (Ex – Assam movement led to formation of Assom
Gana Parishad)
- Most of the new leadership of political parties comes from interest groups or movement groups

▪ Maoists – Those communists who believe in the ideology of Mao, the leader of the Chinese Revolution. They
seek to overthrow the govt through an armed revolution so as to establish the rule of peasants & workers
➢ “Dharna” is accepted as part of Right to Association but ‘Strike’ isn’t a part of FRs
➢ “Constitution protects us from ourself”

❖ Monarchy
❖ Tiananmen square
❖ Bolivia water crisis
❖ CCI
❖ RTI Act 2005
❖ Art 21
❖ Challenges to democracy
❖ Pressure groups
 LESSON – 6 – POLITICAL PARTIES
• Political party – Group of people who come together to contest elections & hold power in the govt. They
represent fundamental political divisions in a society
Functions –
- They contest elections
- They put forward different policies & progs and voters choose from them
- They play a decisive role in making laws for a country
- They form and run govts
- Parties that lose elections play the ‘Role of Opposition’ by voicing different views & criticising govt for its
failure or wrong politics
- They shape public opinion (Often, opinions in the society crystalise on the lines parties take)
- They provide people access to govt machinery and welfare schemes implemented by govt
Necessity of political parties –
- No realisable promises can be made by representatives if they are independent
- Utility of the govt might be uncertain
- Every representative will be accountable to his/ her constituency but no one will be responsible for how
country will run
- Some ways are needed to bring various representatives together so that a responsible govt could be
formed
• Any democratic system must allow at least 2 parties to compete in elections & provide a fair chance for
competing parties to come to power
• Multi-party system – If several parties compete for power, & more than 2 parties have a reasonable chance
of coming to power either on their own strength or in alliance with others
• Every party in the country should register with Election Commission
• Some parties are given a unique symbol & other special facilities and they are called “Recognised” parties
• State party – A party that secures at least 6% of total votes in an election to LA and wins at least 2 seats
• National party – A party that secures at least 6% of total votes in LS elections or Assembly elections in 4
States and wins at least 4 seats in LS
• Rise of regional parties contributed to strengthening of federalism & democracy
Challenges to political parties –
- Lack of internal democracy within the parties – leaders assume greater power to make decisions in the
name of party
- Dynastic succession – In many parties, top positions are always controlled by family members. This is bad
both for the mems & democracy.
- Growing role of money & muscle power (especially during elections) – Rich people & companies who give
funds to the parties tend to have influence on policies & decisions of party
- Often parties don’t seem to offer a meaningful choice to voters – In recent years there has been a decline
in the ideological differences among parties in most parts of the world. Sometimes people can’t even elect
very different leaders either, because the same set of leaders keep shifting from one party to another
Reforms or suggestions to reform political parties & leaders –
Reforms:
- Anti-Defection Law – If any MLA or MP changes parties, he or she will lose the seat in the Legislature. But
this made dissent even more difficult because they have to accept what the party leaders decide
 - Affidavit – SC passed an order to reduce the influence of money & criminals. Now, its mandatory for every
candidate who contests elections to file an Affidavit giving details of his property & criminal cases pending
against him (But there’s no system of check if the info given by the candidate is true)
- EC passed an order making it necessary for political parties to hold their organisational elections & file
their income tax returns
Suggestions:
- A law should be made to regulate the internal affairs of political parties
- It should be made mandatory for political parties to give a minimum number of tickets to women
candidates (about 1/3rd). similarly, there should be a quota for women in decision making bodies of party
- There should be State funding of elections (on the basis of votes secured by them in last election)
• The quality of democracy depends on the degree of public participation
• “The prob of bad politics can be solved by better politics”

▪ Partisan – A person who is strongly committed to a party, group or faction. Partisanship is marked by a
tendency to take a side or inability to take a balanced
▪ Defection – Changing party allegiance from the party on which a person got elected (to a legislative body) to
a different party
▪ Affidavit – A signed docx submitted to an officer, where a person makes a sworn statement regarding her
personal information
➢ Right to form political parties – Right to form association
➢ The word “coalition” isn’t mentioned in the Constitution
➢ It is not compulsory for a political party to be registered under EC of India. It registers only if the party applies

❖ Constructive criticism
❖ Role of opposition
❖ Coalition
❖ Sec 29 (a)
❖ Art 324
❖ Difference between right, left & centrist parties
❖ Marxism/ Leninism
❖ Election affidavit
❖ Electoral bonds
❖ Model code of conduct
❖ Limits on expenditure during elections
❖ Election Commission
❖ Political parties
 LESSON – 7 – OUTCOMES OF DEMOCRACY
Why is democracy better?
- It promotes equality among citizens
- Enhances the dignity of the individual
- Improves the quality of decision making
- Provides a method to resolve conflicts and
- Allows room to correct mistakes
• Democracy is just a form of govt. It can only create conditions for achieving something and the citizens have
to take advantage of those conditions and achieve the goals
• Most basic outcome of democracy should be that it produces a govt that is accountable to citizens, and
responsive to the needs and expectations of the citizens
• Democracy is based on the idea of deliberation & negotiation
• Transparency – In a democracy, a citizen who wants to know if a decision was taken correctly can find it out.
It means he has the right & means to examine the process of decision making
• Its reasonable to expect from a democracy a govt that is attentive to the needs & demands of the people & is
largely free of corruption
• Democratic govt is a legitimate govt (its people’s own govt)
• “Democracy’s ability to generate its own support is itself a outcome that can’t be ignored”
• Between 1950 – 2000, dictatorship has slightly higher rate of economic growth over democracies
• Economic development depends on factors like – country’s population size, global situation, cooperation
from other countries, economic priorities adopted by the country etc …
• More than economic development, it is reasonable to expect democracies to reduce economic disparities
• Democracies are based on “political equality” – All people have equal weight in electing representatives
• Rule by majority means that in case of every decision or in case of every election, different positions &
groups may and can form a majority

❖ Aadhar judgement
❖ Biometrics
❖ Right to Privacy
❖ RTI
❖ FRs
❖ Election Commission
❖ Democracy
❖ Pressure groups
 LESSON – 8 – CHALLENGES OF DEMOCRACY
• “A challenge is a difficulty that carries within it an opportunity for progress”
Challenges of democracy –
(a) Foundational challenge – Making transition to democracy & then instituting democratic govt. It involves
bringing down existing non-democratic regime, keeping military away from controlling govt & establishing a
sovereign & functional State
(b) Challenge of expansion – This involves applying the basic principle of democratic govt across all the
regions, different social groups & various institutions (Ex – Ensuring greater powers to local govts, extension
of federal principle to all units of federation, inclusion of women & minority groups etc …)
(c) Deepening of democracy – Its faced by every democracy in one form or another. It involves strengthening
of the institutions & practices of democracy. It takes different meanings & paths in different parts of the
world
Democracy reform or political reform -
- New laws – Carefully devised changes in law can help to discourage wrong political practices & encourage
good one. But legal-constitutional changes by themselves can’t overcome challenges to democracy (They
have to be carried out mainly by political activists, parties, movements & politically conscious citizens)
- Changes in laws – They should be done carefully by looking at what results it will have on politics. Some
results may be counter-productive (Ex – Some states banned people having > 2children from contesting
panchayat elections). Generally, laws that seek to ban something aren’t very successful in politics
Best laws are those which empower people to carry out democratic reforms (Ex – RTI Act)
- Reforms are to be brought through political practice. The most imp concern should be to increase &
improve the quality of political participation by ordinary citizens
- Any proposal for political reforms should think not only about what is good solution but also about who
will implement it and how
Democracy ensures –
- Rulers elected by the people must take all the major decisions
- Elections must offer a choice & fair opportunity to the people to change the current rulers
- This choice & opportunity should be available to all the people on an equal basis and
- The exercise of this choice must lead to a govt limited by basic rules of the constitution & citizens’ rights

❖ Centre-State relations
❖ DPSP
❖ Sarkaria Commission
❖ Triple Talaq
❖ Punchi Commission
❖ Uniform Civil Code
❖ Art 38 (2)
❖ Rights of minorities & women
❖ Challenges to federalism
❖ Pressure groups
 CLASS 11 – INDIAN CONSTITUTION AT WORK

LESSON – 1 – CONSTITUTION: WHY & HOW?

• Formally, Constitution was made by CA elected for “undivided India”. CA 1st met on 9 Dec 1946 &
reassembled as CA for divided India on 14 Aug 1947
• Mems of CA were chosen by “Indirect Election” by mems of Provincial LAs that had been estd under GOI Act
1935
• CA was composed roughly on the lines suggested by “Cabinet Mission” Plan. Acc. to it – Seats were allotted in
proportion to the population (1: 10 Lakh), Seats in each province were distributed among 3 main
communities – Muslims, Sikhs & General in proportion to their pop’n. Mems of each community in Provincial
LA elected their own representatives by method of Proportional Representation with Single Transferrable
Vote. Method of selection in case of representatives of Princely States was to be determined by consultation
• Mountbatten Plan – 3rd June 1947
• On 26 Nov 1949, Constitution was adopted & 284/299 appended their signatures on 24 Jan 1950
• Only 1 provision of the Constitution was passed without virtually any debate – Intro of Universal Suffrage –
“All citizens reaching a certain age, would be entitled to be voters irrespective of religion, caste, education,
gender or income
• CA had 8 major Committees. Assembly met for 166 days spread over 2 yrs 11 months. It took long time to
strike right balance so that the institutions created by the Constitution wouldn’t be haphazard & tentative
arrangements but would be able to accommodate the aspirations of the people of India for a long time to
come
• The best summary of the principles that the Nationalist movement brought to the CA is the “Objectives
Resolution” – the resolution that defined the aims of the Assembly moved by Nehru in 1946. Based on this,
Constitution gave institutional expression to these fundamental commitments – equality, liberty, democracy,
sovereignty & a cosmopolitan identity
• Our Constitution isn’t merely a maze of rules & procedures, but a moral commitment to establish a govt that
will fulfil the many promises that the nationalist movement held before the people
• India was extremely lucky to have an Assembly that instead of being parochial in its outlook could take the
best available everywhere in the world & make it their own

MAIN POINTS OF OBJECITVES RESOLUTION –

- India is an independent, sovereign, republic
- India shall be a Union of erstwhile British Indian territories, Indian States & other parts outside British India &
Indian States as are willing to be a part of the Union
- Territories forming the Union shall be autonomous units & exercise all powers & functions of the Govt &
administration except those assigned to or vested in the Union
- All powers & authority of sovereign and independent India & its constitution shall flow from the people
- All people of India shall be guaranteed & secured social, economic & political justice; equality of status &
opportunities & equality before Law; and fundamental freedoms – of speech, expression & action – subject
to Law & public morality
- The minorities, backward & tribal areas, depressed & other backward classes shall be provided adequate
safeguards
- The territorial integrity of the Republic & its sovereign rights on land, sea & air shall be maintained according
to justice & law of civilised nations
- The land would make full & willing contribution to the promotion of world peace & welfare of mankind
 FUNCTIONS OF OUR CONSTITUTION –
• Constitution allows coordination & assurance – 1st function is to provide a set of basic rules that allow for
minimal coordination amongst members of a society
• Specification of decision-making powers – 2nd function is to specify who has the power to make decisions in
a society. It decides how the govt will be constituted
- A Constitution is a body of fundamental principles acc. to which a State is constituted or governed
- It specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be
- It is an authority that constitutes govt in the 1st place.
• Limitations on the powers of govt – 3rd function is to set some limits on what a govt can impose on its
citizens. These limits are fundamental in the sense that govt may never trespass them
- The most common way of limiting the power of govt is to specify certain fundamental rights that all of us
possess as citizens & which no govt can ever be allowed to violate. Constitution also specifies the
circumstances under which these rights may be withdrawn
• Aspirations & goals of a society – 4th function is to enable the govt to fulfil the aspirations of a society &
create conditions for a just society
- It provides an enabling framework for the govt to do certain +ve things, to express the aspirations &
goals of a society
- The framers of our Constitution thought that each individual in society should have all that is necessary
for them to lead a life of minimal dignity & social self-respect – minimum material well-being, education
etc …
- Enabling provisions have the support of Preamble to our Constitution & these provisions are found in
section on FRs. DPSP also enjoin govt to fulfil certain aspirations of the people
• Fundamental identity of a people – It means the people as a collective entity come into being only through
the basic Constitution
- By agreeing to certain basic norms & principles one constitutes one’s basic political identity
- It sets authoritative constraints upon what one may or may not do, so it also gives one a moral identity
“Most nations are amalgamation of a complex set of historical traditions, they weave together the
diverse groups that reside within the nation in different ways”

FACTORS THAT MAKE A CONSTITUTION EFFECTIVE –

• Mode of Promulgation – Most successful ones were created in the aftermath of popular national movements
• Substantive provisions of the Constitution – It is the hallmark of a successful Constitution that gives
everyone in society some reason to go along with its provisions
• Balanced Institutional design – Well-crafted Constitutions fragment power in the society intelligently so that
no single group can subvert the Constitution. Indian Constitution horizontally fragments power across
different institutions like Legislature, Executive & Judiciary & statutory bodies like EC. An intelligent system of
checks & balances has facilitated its success. Constitution must strike the right balance between certain
values, norms & procedures as authoritative, and at the same time allow enough flexibility in its operations
to adapt to changing needs & circumstances
• “India doesn’t believe in doctrine of separation of powers strictly instead it believes in doctrine of separation
of functions”
• “Power & Fire have the tendency to expand” – Karl Marx

❖ Sovereignty
❖ LEX REX
❖ History of Constitution
❖ Constitution principles
❖ Preamble
 LESSON – 2 – RIGHTS IN INDIAN CONSTITUTION
• Constitution is a docx that sets limits on the powers of the govt & ensures a democratic system in which all
persons enjoy certain rights
• Part III – FRs & limits on these rights
• Employing a person to work for < the minimum prescribed wage amounts to beggar or forced labour, which
is a violation of FR against exploitation
• Right to Life & Liberty – every citizen must also have the right to fair & speedy trial
• Democracy must ensure that individuals have certain rights & that the govt will recognise these rights. Such a
list of rights mentioned & protected by the Constitution is called “Bill of Rights” – they prohibit the govt from
acting against the rights of the individuals. Motilal Nehru Committee had demanded a Bill of Rights way back
in 1928 (submitted to Simon Commission)
• FRs are protected & guaranteed by the Constitution
• Ordinary rights may be changed by the Legislature by ordinary process of law making but a fundamental right
may only be changed by amending the Constitution itself
• FR aren’t absolute or unlimited rights, govt can put reasonable restrictions on the exercise of our FRs
• Right to equality strives to make India a true democracy by ensuring a sense of equality of dignity & status
among all its citizens
• Preamble mentions equality of Status & Opportunity
• Constitution clarifies that govt can implement special schemes & measures for improving the conditions of
certain sections of society: children, women & socially & educationally backward classes. Ex – Reservations
• Art 21 – Protection of life & personal liberty - No person shall be deprived of his life or personal liberty except
according to procedure estd by Law. Right to shelter & livelihood is also included in the Right to Life
• Liberty means freedom of thought, expression & action. However, it doesn’t mean freedom to do anything
that one desires or likes
• Freedoms are defined in such a manner that every person will enjoy her freedom without threatening
freedom of others & without endangering the law & order situation
• No person can be arrested without being told the grounds for such an arrest. If arrested, the person has the
right to defend himself by a lawyer of his choice. Its mandatory for the police to take that person to the
nearest magistrate within 24 hrs. the magistrate decides whether the arrest is justified or not
• Preventive Detention – If the govt feels that a person can be threat to law & order or to the peace & security
of the nation, it can detain or arrest that person. Can be extended only for 3 months. After 3 months, such a
case is brought before an advisory board for review
• Right to freedom of speech & expression is subject to restrictions such as public order, peace & morality etc…
• Freedom to Assemble too is to be exercised peacefully without arms. Govt can impose restrictions in certain
areas declaring the assembly of 5 or more persons as unlawful
• Freedom of religion is subject to restrictions in order to protect public order, morality & health
• To ensure a fair trial in courts, the Constitution provided 3 rights –
- No person would be punished for the same offence more than once (Double jeopardy)
- No law shall declare any action as illegal from a backdate &
- No person shall be asked to give evidence against himself/ herself
• Constitution forbids employment of children < 14 yrs of age in dangerous jobs like factories & mines
• Right to freedom of religion is considered as hallmark of democracy
• Freedom of religion also includes –
- Freedom of conscience – A person may choose any religion or may choose not to follow any religion
- Freedom to profess, follow & propagate any religion
 - Propagation also includes persuading people to convert from 1 religion to another. Constitution doesn’t
allow forcible conversions; it gives us the right to spread information about our religion & this attract
others it to
• The institutions run by the State will not preach any religion or give religious education nor will they favour
persons of any religion
• Right of the minorities to maintain their culture – minority status isn’t dependent only upon religion but also
linguistic & cultural minorities. Minorities are groups that have common language or religion & in a particular
part of the country or in the country as a whole, they are outnumbered by some other social section. Such
communities have a culture, language & script of their own & have the right to conserve & develop these
• Govt will not, while granting aid to educational institutions, discriminate against any educational institution
on the basis that it is under the management of minority community
• Dr. B R Ambedkar considered the Right to Constitutional Remedies as “heart & soul of the Constitution”

WRITS ISSUED –
• Habeas Corpus – Court orders that the arrested person should be presented before it. It can order to set free
an arrested person if the manner or grounds of arrest aren’t lawful or satisfactory
• Mandamus – issued when Court finds that a particular office holder isn’t doing legal duty & thereby is
infringing on the right of an individual
• Prohibition – Issued by a higher court (HC or SC) when a lower court has considered a case going beyond its
jurisdiction
• Quo warranto – If the court finds that a person is holding but not entitled to hold that office, it issues the
writ of quo warranto & restricts that person from acting as an office holder
• Certiorari – Under this, the court orders a lower court or another authority to transfer a matter pending
before it to the higher authority or court
DPSP –
• DPSP aren’t legally enforceable
• DPSP lists –
- Goals & objectives that we as a society should adopt
- Certain rights that individuals should enjoy apart from FR
- Certain policies that the govt should adopt
Fundamental Duties – In 1976, 42nd amendment was passed. 10 duties were enumerated. Constitution doesn’t
say anything about enforcing these duties. Inclusion of fundamental duties hasn’t changed the status of our FR
• FR restrain the govt from doing certain things while DPSP exhort the govt to do certain things
• Right to Property – to acquire, possess & maintain property but Constitution made it clear that property
could be taken away by the govt for public welfare. In 1978, 44th CAA removed Right to Property from the list
of FR & converted it into simple legal right under Art 300 A
• Rights enforce limitations on the functioning of the govt & ensure democratic governance of the country
• Jyotirao Phuley (1827 – 1890) was a radical social reformer from Maharashtra

RIGHT TO EQUALITY (Art 14 – 18) –

- Art 14 – Equality before law – Equal protection of laws
- Art 15 – Prohibition of discrimination only on grounds of religion, race, caste, sex or place of birth –
equal access to shops, hotels, wells, tanks, bathing ghats, roads etc …
- Art 16 – Equality of opportunity in public employment
- Art 17 – Abolition of untouchability
- Art 18 – abolition of titles
 RIGHT TO FREEDOM (Art 19 – 22) –
- Art 19 – Protection of Right to –
(a) Freedom of Speech & Expression
(b) Assemble peacefully & without arms
(c) Form associations/ unions
(d) Move freely throughout the territory of India
(e) Reside & Settle in any part of territory of India
(f) *****Omitted *****
(g) Practice any profession, or to carry on any occupation, trade or business
- Art 20 – Protection in respect of conviction for offences
- Art 21 – Right to life & personal liberty
- Art 21 A – Right to education
- Art 22 – Protection against arrest & detention in certain cases
RIGHT AGAINST EXPLOITATION (Art 23 – 24) –
- Art 23 – Prohibition of traffic in human beings & forced labour
- Art 24 – Prohibition of employment of children in hazardous jobs
RIGHT TO FREEDOM OF RELIGION (Art 25 – 28) –
- Art 25 – Freedom of conscience & free profession, practice & propagation of religion
- Art 26 – Freedom to manage religious affairs
- Art 27 – Freedom to pay taxes for promotion of any particular religion
- Art 28 – Freedom to attend religious instruction or worship in certain educational institutions
CULTURAL & EDUCATIONAL RIGHTS (Art 29 – 30) –
- Art 29 – Protection of language, culture of minorities
- Art 30 – Right of minorities to establish educational institutions
RIGHT TO CONSTITUTIONAL REMEDIES (Art 32 – 35) –
- Art 32 – Right to move the courts to issue directions/ orders/ writs for enforcement of rights
➢ Art 37 – DPSP aren’t enforceable by Courts of Law but are fundamental to governance of the State
➢ Art 19(1)(f) – taken away by 44th CAA
➢ Def of child – Person < 15 yrs of age
➢ Art 23 & 24 – indirectly abolish slavery
➢ Secularism – part of BSD in Indira Sawhney Case

❖ National Commission on Minorites

❖ National Commission on Women
❖ National Commission on SC
❖ NHRC
❖ Minimum Wages Act
❖ Indira Sawhney Case
❖ UAPA 1967
❖ Child labour Protection Act 1986
❖ Art 16(4)
 LESSON – 3 – ELECTION & REPRESENTATION
• Elections today have become the most visible symbol of democracy
• A direct democracy is one where the citizens directly participate in the day-to-day decision making & in
running the govt
• Local govts especially Gram Sabhas are often considered as examples of Direct democracy
• FPTP – Whoever has more votes than all other candidates’ is the winner. It is also called as “Plurality
system”
• Proportional Representation – A party gets the same proportion of seats as its proportion of votes. Ex – Israel
• In India, PR is adopted on a limited scale for indirect elections i.e to Election of Prez, Vice-Prez, for election to
RS & Vidhan Parishads

First Past the Post System Proportional Representation

1. Country is divided into small geographical units
called “Constituencies” or districts
2. Every Constituency elects one representative
3. Voters vote for a candidate
4. A party may get more seats than votes in the
Legislature
5. Candidate who wins the election may not get
majority (50% + 1) votes
Ex – UK, India
1. Large geographical areas are demarcated as
“Constituencies”. The entire country may be a Single
Constituency
2. > 1 representatives may be elected from 1
constituency
3. Voters vote for the party
4. Every party gets seats in the Legislature in
proportion to % of votes that it gets
5. Candidate who wins the elections get majority of
votes
Ex – Israel, Netherlands

• Each State has a specific quota of seats in RS

Why did India adopt FPTP system?
(a) Its simple
(b) There’s clear choice presented to the voters at the time of elections
(c) It gives stable govt in Parliamentary system i.e it gives the largest party or coalition the majority
(d) It encourages voters from different social groups to come together to win an election in a locality
• Reserved Constituencies – In this system, all voters in the Constituency are eligible to vote but the candidates
must belong to only a particular community or social section for which they are reserved. In place in both
elections to LS & State LAs. Initially provided for only 10yrs, extended every 10 yrs by CAAs. Decided by
Delimitation Commission (independent body)
• Delimitation Commission – Appointed by the Prez & works in collaboration with EC. Appointed for the
purpose of drawing up the boundaries of constituencies all over the country
• Constituencies with highest proportion of ST population are reserved for STs
• In case of SCs, constituencies with higher proportion of SC population are picked & also spread across
different regions in the State coz SC population is generally uniformly throughout the country
• Providing reservations for other disadvantaged groups would require a Constitutional Amendment
• An amendment in 1989 made reduced the eligibility age of a voter to 18 from 21 yrs by 61st CAA 1988
• The principle of Universal Adult Franchise is consistent with the principle of equality & non-discrimination
• All citizens have the right to stand for election & become the representative of the people
• There is a legal provision that a person who has undergone imprisonment for 2 or more years for some
offence is disqualified from contesting elections
• Art 324 – Independent EC for the superintendence, direction & control of the electoral roll & conduct the
elections
• To assist the EC, there is a Chief Electoral Officer in every State
• State Election Commission work independently of EC of India & has its own sphere of operation
• The CEC presides over the Election Commission but doesn’t have more powers than the other ECs. They are
appointed by the Prez on the advice of the Council of Ministers. They are elected for 6yr term or 65yrs of age.
CEC can be removed before the expiry of his term by the Prez if both the Houses of Parliament make such
recommendation with a ‘Special majority’. EC can be removed by the Prez
Functions of EC –
- It supervises the preparation of up-to-date voters’ list
- It determines the timing of elections & prepares the election schedule. Schedule includes – notification,
date from which nominations can be filed, last date for filing nominations, last date of scrutiny, last date
of withdrawal, date of polling, date of counting & declaration of result
- It has the power to take decisions to ensure a free & fair polling. It implements Model Code of Conduct. It
can order a re-poll in a specific constituency. It can also order a recount of votes
- It accords recognition to political parties & allots symbols to each of them

Suggestions for Electoral reforms –

- Our system of elections should change from FPTP to some variant of Proportional Representation
- Provision for ensuring atleast 1/3rd mems are women in Parliament & State Assemblies
- Stricter provision to control the role of money. The elections expenses to be paid by Govt out of special
fund
- Candidates with any criminal case should be barred from contesting elections, even if their appeal is
pending before the court
- There should be complete ban on use of caste & religious appeals in the campaign
- There should be a law to regulate the functioning of political parties & to ensure that they function in
transparent & democratic manner
Factors for success of India’s electoral system –
- Our election system has allowed the voters not only to freely choose representatives, but also to change
govts peacefully both at State & National levels
- Voters consistently taken keen interest in election process. No. of candidates & parties has increased
- System of election has proved to be accommodative & inclusive. Social composition also changed gradually
- Election in most parts of the country doesn’t reflect electoral malpractice & rigging
- Elections have become a part & parcel of our democratic life. Regularity & periodicity of elections has
earned fame for India as a great democratic experiment
• The number of EC isn’t fixed by the Constitution, can be varied by the Parliament from time to time

❖ Role of EC
❖ Electoral process
❖ Coalition govt
❖ Election process in RS
❖ RPI Act
❖ Part XVI
❖ Universal Adult Franchise – matter of Right of Self esteem of Indians
❖ Art 329 – Court is barred from interference in functioning of EC
❖ Model Code of Conduct
❖ Sec 29 A of RPI Act
 LESSON – 4 – EXECUTIVE
• In a Parliamentary system, Executive & Legislature are interdependent, the Legislature controls the Executive
& in turn is controlled by the Executive
• Executive means a body of persons that looks after the implementation of rules & regulations in actual
practice. The organ of govt that 10ly looks after the function of implementation & administration is Executive
Functions of Executive –
(a) Responsible for the implementation of laws & policies adopted by the Legislature
(b) Involved in framing of policy
• While the heads of govt & their Ministers, saddled with the overall responsibility of govt policy, are together
known as “Political Executive”, those responsible for day-2-day administration are “Permanent Executive”
• Nature of Executive in some countries worldwide –
- USA has Presidential system & Executive powers are in hands of Prez
- Canada has Parliamentary democracy with Constitutional monarchy where Queen Elizabeth II is the
formal Chief of State & PM is the Head of Govt
- France has both Prez & PM who are part of Semi-Presidential System
- Japan has Parliamentary system with Emperor as Head of the State & PM as the Head of the govt
- Italy has Parliamentary system with Prez as the formal head & PM (appointed by Prez) as Head of govt
• Countries with Parliamentary system – Germany, Italy, Japan, UK & Portugal
• Countries with Semi-Presidential system – France, Russia & SL etc …
• Countries with Presidential system – USA, Brazil, Latin America
• India has experience of running the Parliamentary system under the GOI Acts of 1919 & 1935
• In Parliamentary form there are many mechanisms that ensure that the Executive will be answerable to &
controlled by the Legislature or people’s representatives
• Constitution of India vests the Executive power of the Union formally in the Prez (Art 53)
• Election of Prez takes place through Proportional Representation through Single Transferrable Vote
• Prez can be removed from office only by Parliament following the procedure for impeachment, which
requires Special majority. The only ground for impeachment is “Violation of Constitution”
• Constitutionally, the Prez has the right to be informed of all important matters & deliberations of the COM.
The PM is obliged to furnish all the info that the President may call for
• Situations in which Prez can exercise his discretion powers –
- Prez can send back the advice given by COM & ask the Council to reconsider the decision (44th CAA 1978)
- Prez also has “Veto power” by which he can withhold or refuse to give assent to Bills (except Money
Bills). There’s no mention in the Constitution about the time limit within which the Prez must send the
Bill back for reconsideration (Pocket Veto). Ex – Indian Post Office (Amendment) Bill in 1986 by Gyani Zail
- 3rd kind of discretion arises out of Political circumstances (appointing PM
• Prez intervention is required either in order to constitute govts or to grant a request for dissolution of LS by a
PM when he couldn’t prove majority
• Vice President – Elected for 5yrs. Mems of State Legislatures aren’t part of electoral college. He may be
removed from his office by a resolution of RS passed by a majority & agreed to by LS. Acts as Ex-officio
chairman of RS. Takes over office of Prez in case of death, resignation, removal by impeachment or otherwise
• In Parliamentary form of Executive, it is essential that the PM has the support of majority
• If someone becomes a Min or PM without being an MP, he has to get elected to Parliament within 6 months
• 91st CAA, 2003 made that the COM shall not exceed 15% of total number of mems of House of People, before
that the size of the COM was determined according to exigencies of time & requirements of the situation
• UCOM is “collectively responsible” to the LS – indicates Ministry is an executive committee of the Parliament
& it collectively governs on behalf of the Parliament
• Collective Responsibility is based on the principle of “Solidarity of the Cabinet”
• It is binding on all Ministers to pursue or agree to a policy for which there is collective responsibility
• PM acts as a link b/w COM on 1 hand & Prez & Parliament on the other hand
• Nehru described PM as “Linchpin of govt”
• Power wielded by PM comes flows from various sources – Control over COM, Leadership of LS, command
over the bureaucratic machine, access to media, projection of personalities during elections, projection as
national leader during international summitry as well as foreign visits
Outcomes of Coalition govts –
(a) Resulted in growth of discretionary role of President in selecting the PM
(b) Indian coalition in this period has necessitated much more consultation between political partners,
leading to erosion of prime ministerial authority
(c) It brought restrictions on various prerogatives of PM like choosing ministers, deciding ranks & portfolios
(d) Even the policies & progs of the govt can’t be decided by PM alone. PM has to act more as a negotiator
than as leader of the govt
• Governor of State is appointed by President (on the advice of the Central govt)
• Though CM is the leader of majority party in Assembly, Governor has more discretionary powers
• Bureaucracy – Trained & skilled officers who work as permanent employees of govt are assigned the task of
assisting the ministers in formulating policies & implementing the policies
• The administrative officers can’t act in violation of the policies adopted by the Legislature. They are politically
accountable. Bureaucracy is also expected to be politically neutral
• The removal or suspension of bureaucracy is subject to a thorough enquiry made by a Judge of SC
• Bureaucracy is an instrument through which welfare policies of the govt must reach the people
• Executive enjoys greater power compared to other organs of the govt. Periodic elections, constitutional limits
over the exercise of powers & democratic politics have ensured that it can’t become unresponsive
➢ Concentration of power in a single hand is avoided using Separation of powers (USA’s practice) & by Rule of
Law (British practice)
➢ Advice of UCOM became binding on the Prez through 42nd CAA 1976 in many matters
➢ There’s no clarity in the matter of whether the matter vetoed by a Prez can be assented by the next Prez
➢ Office of Vice Prez – Office of political continuity
➢ Cabinet – Extra Constitutional Body – 1st time mentioned in Constitution in Art 352 as part of National emergency

❖ Art 74 (1)
❖ Separation of powers (1st proposed by Aristotle)
❖ Parliamentary Vs Presidential Vs Semi-Presidential
❖ Difference between removal & impeachment
❖ Art 53
❖ Art 75
❖ Art 86
❖ Art 63
❖ Art 61
❖ Art 64
❖ Art 78
 LESSON – 5 – LEGISLATURE
• Legislature is not merely a Law-making body; it is centre of all democratic political process. It is packed with
action, walkouts, protests, demonstration, unanimity, concern & cooperation
• A genuine democracy is inconceivable without a representative, efficient & effective legislature
• Holding representatives accountable is the very basis of representative democracy
• Cabinet initiates the policies, sets the agenda for governance & carries them through
• Parliament is recognised as 1 of the most democratic & open-forum of debate. It is vested with the power to
choose & dismiss the govt
• In certain cases, LS unanimously decides to suspend official business & give precedence to some debate
• Bicameralism – gives representation to all sections in the society, gives representation to all geographical
regions, makes it possible to have every decision reconsidered
RAJYA SABHA –
- It represents the States of India. Its an indirectly body. Permanent House (De-jure, De-facto Parliament of
India). States are given representation acc. to their population (Asymmetrical representation)
- No. of mems to be elected from each State has been fixed by 4th Schedule. Mems are elected for term of
6yrs, can get re-elected. Every 2yrs 1/3rd mems of RS complete their term
- When LS is dissolved, RS can be called & urgent business can be conducted
- It also has 12 nominated mems (by Prez) from fields of literature, science, art & social-service
- It can alone initiate the procedure for removal of Vice President
- It can give Parliament power to make laws on matters included in the State List (Art 249)
- It authorises Parliament to create new All-India Services common to both Centre & states (Art 312)
LOK SABHA –
- Mems – 543 (hasn’t changed since 1971 census). LS is elected for a period of 5yrs (max)
- No confidence motion can be introduced only in LS
- It has the power to disapprove the operation of National emergency (if not < 1/10 mems write to Speaker)
- Council of Ministers is responsible to LS not RS. Therefore, RS can criticise the govt but can’t remove it

FUNCTIONS OF LEGISLATURE –
(a) Legislative function – No major Bill is introduced in the Parliament without the approval of Cabinet. Mems
other than Ministers can also introduce Bills
(b) Controlling Executive & ensuring its accountability – It’s the most vital function
(c) Financial function – Include grant of resources to the govt to implement the progs. Govt should give an
account of money it has spent & the resources that it wishes to raise
(d) Representation – Represents divergent views of mems from different regional, social, economic, religious grps
(e) Debating function – There’s no limit on its power of discussion. Discussions constitute the heart of
democratic decision making
(f) Constituent function – It has power of discussing & enacting changes to Constitution. Constituent powers
of both Houses are similar. All Constitutional Amendments should be approved by Spl majority of both Houses
(g) Electoral functions – Like electing President & Vice President
(h) Judicial functions – Include considering the proposals for removal of Prez, Vice-Prez & Judges of HC & SC
• Private Member’s Bill – Proposed by Non-Ministers. Govt Bill – Proposed by Minister
• Bill raising the marriageable age of girls from 18 to 21 will be prepared by Law Ministry
• A large part of discussion on Bills takes place in Committees (referred as Miniature Legislature)
• If there’s disagreement b/w 2 Houses on the proposed Bill, Joint Session will be called
• In case of Money Bill, RS can either approve the Bill or suggest changes but can’t reject it. If no action is taken
within 14 days, the Bill is deemed to have been passed. Suggestions may or may not be accepted by LS
• Parliamentary Privilege – No action can be taken against a mem for whatever the mem may have said in
the Legislature. Presiding Officer of the Legislature has the final powers in deciding matters of breach of
privilege
Instruments of Parliamentary control –
(a) Deliberation & Discussion –
- Ques Hr – Held everyday during Sessions of Parliament, where Ministers have to respond to searching
questions raised by members
- 0 Hr – Mems are free to raise any matter that they think is imp (though Ministers aren’t bound to reply)
- Half-an-Hour discussion on matters of public importance, adjournment motion etc …
(b) Approval or refusal of Laws
(c) Financial control –
- Preparation & presentation of budget for the approval of Legislature is Constitutional obligation of govt
- LS can enquire into cases of misuse of funds on the basis of report of CAG & Public Accounts Committee
- Through Financial control, the legislature controls the policy of govt
(d) No-confidence motion
• Since 1983, India has developed a system of Parliamentary Standing Committees (they supervise the work of
various depts, their budget, their expenditure & Bills that come up in House relating to that dept
• Joint Parliamentary Committees – Can be setup for the purpose of discussing a particular Bill. Mems of these
Committees are selected from both the Houses
• The Presiding Officer of Legislature is the final authority in matters of regulating the business of Legislature
• 52nd CAA 1985 – Anti Defection Law. Modified by 91st CAA. Presiding Officer is the final authority on decisions
• If a mem is defected, he loses the membership of House & also disqualified from holding political office
• Defection – If a mem remains absent in the House when asked by the party leadership to remain present or
votes against the instructions of the party or voluntarily leaves the membership of the party
• In a parliamentary democracy, legislature, as a body representing the wishes of the people occupies a high
position of power & responsibility. Herein lies the democratic potential of the Parliament
➢ Art 79 – Parliament consists of LS, RS & Prez
➢ “RS is the 2nd House but not the secondary House” ----- Vajpayee
➢ All the States & UTs of Delhi, Puducherry & J&K send their representatives to RS
➢ RPI Act 1951 contains that RS is an indirectly elected house & also about nominated mems
➢ No Joint session in Constitutional Amendment Bills
➢ There will be non-partisan functioning in Parliamentary committee’s functioning

❖ Legislative supremacy in India

❖ Bicameralism
❖ Art 79, 168, 121, 368, 64, 108 (Joint Session), 109 (Money Bills can be introduced only in LS)
❖ Art 80 – Prez nominates 12 mems based on specialised knowledge & practical experience
❖ Parliament
❖ Budget
❖ Ques Hr
❖ Art 112 – Prez shall cause laying down of Annual Financial Statement every yr on floor of Parliament
❖ Public Accounts Committee
❖ Parliamentary Standing Committee
❖ Rules of procedure & Conduct of Business
 LESSON – 6 – JUDICIARY
• Right from 1950 the Judiciary played an imp role in interpreting & in protecting the Constitution
• Rule of Law – Implies that all individuals – rich & poor, men or women, forward or backward castes – are
subjected to the same Law
• Principle role of Judiciary is to protect rule of Law & ensure supremacy of Law
• Over the years, a convention had developed whereby the senior most judge of SC is appointed as CJI (but this
convention was broken twice in case of AN Ray in 1973 & M.H Beg in 1975)
• Other judges of SC & HC are appointed by Prez after consultation with CJI
• Principle of collegiality – CJ recommends names of persons to be appointed in consultation with 4 senior-
most judges
• A judge of SC or HC can be removed only on the grounds of “proven misbehaviour or incapacity” – Art 124. A
motion containing the charges against the judge must be approved by “special majority” in both Houses. It
should be noted that Executive plays a key role in appointments while Legislature has removal powers
Jurisdiction of SC –
a) Original (Art 131) – Directly considered by SC without going to Lower Courts. Settles disputes b/w Union
& States & amongst States (i.e cases involving federal matters)
b) Appellate (Art 132,133, 134) – Tries appeals from lower courts in Civil, Criminal & Constitutional cases.
Can be appealed to SC but however HC must certify that the case is fit for appeal, that is it involves a
serious interpretation of Law of Constitution. Of course, SC holds the powers to decide whether to admit
appeals even when appeal isn’t allowed by HC
c) Advisory (Art 143) – Advises the Prez on matters of public importance or that involves interpretation of
Constitution. However, SC is not bound give advice & Prez is not bound to accept the advice. Utility of this
provision is that – Govt can seek legal opinion on a matter of importance before taking action on it,
secondly in the light of the advice of SC, the govt can make suitable changes in actions or legislations
d) Writ – Can issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari & Quo Warranto to Executive
to protect FR. Aggrieved person has the choice of either approaching SC or HC
e) Special powers – Can grant special leave to an appeal from any judgement or matter passed by any court
in the territory of India
• Art 137 – SC shall have the power to review any judgement pronounced or order made by it
• Art 144 – All authorities, Civil & judicial, in the territory of India shall act in aid of SC
• If there’s a case of contempt of SC, then SC itself decides such a case
• Judiciary has ruled that bandhs & hartals are illegal
• In normal course of law, an individual can approach the courts only if he/she has been personally aggrieved,
i.e a person whose rights have been violated, or who is involved in a dispute could move the Court of Law
• The trend of PIL started in 1979 when SC took up the case of prisoners. PIL has become the most imp vehicle
of Judicial Activism
• Judicial Activism has democratised the judicial system by giving not just to individuals but also groups access
to the courts. It has forced Executive accountability
• Democratic govt is based on each organ of govt respecting the powers & jurisdiction of others
Negatives of PIL –
- It overburdened the Courts
- It has blurred the distinction between Executive & Legislature on 1 hand & Judiciary on the other
• There are 2 ways in which SC can remedy violation of rights. They are –
(a) It can restore FR by issuing writs (Art 32), in case of HC (Art 226)
 (b) It can declare concerned Law as unconstitutional (Art 13). It involves Judicial Review (this term is no
where mentioned in the Constitution)
• The review power of SC includes the power to review legislations which violate FR or if they violate federal
distribution of powers. It extends to State Legislatures also
• The powers of Prez & Governors were also brought under the purview of Courts
• The Parliament is supreme in making Laws & amending the Constitution, the Executive in supreme in
implementing them while Judiciary is supreme in settling disputes & deciding whether the Laws that have
been made are in accordance with the provisions of the Constitution
• Keshavananda Bharati Case – Court ruled that there is a Basic Structure of the Constitution & nobody – not
even the Parliament (through amendment) – can violate the Basic structure
1. It said that Right to Property was not part of Basic Structure & therefore could suitably be abridged
2. Court reserved to itself the right to decide whether various matters are part of BSD
• Criticism by Judiciary & instructions to legislatures are seen as violation of “Principle of Parliamentary
Sovereignty”
NALSA –
Free Legal Services are provided in matters before Civil, Criminal & Revenue Courts, Tribunals or any other
authority exercising judicial or quasi-judicial functions
(a) Aims to:
- Provide free legal aid & advice
- Spread legal awareness
- Organise Lok Adalats
- Promote settlement of disputes through ADR mechanisms
- Provide compensation to victims of crime
(b) Eligibility for Free Legal Services:
- Women & Children
- Mems of SC & ST
- Industrial workmen
- Persons with Disability
- Victims of natural disasters, ethnic/ caste violence, industrial disaster
- Persons in custody
- Persons with annual income of < 1,00,000 or as notified by Central/ State governments
- Victims of Human trafficking or begar
➢ For administrative functions, Judiciary is a part of State, but for judicial functions, it not part of State
➢ Art 124 (7) – Once the judge of SC retires, he will not plead in any Court of Law
➢ Art 125 – Salaries, allowances & privileges of the SC can’t be changed to his disadvantage once he has taken
office (They are charged from Consolidated Fund of India directly)
➢ Art 12 – State means – Parliament, GOI, Legislature of State, State govt, any local authority within India or
within the control of India
➢ During the time of Britishers, highest court in India was Federal court but the highest court of appeal was
Privy Council. Both were merged after independence
➢ SC can issue writs only w.r.t violation of FR but HC can issue writs for violation of FR or any other purpose
➢ 2 ways of reaching SC –
(a) Special Leave Petition – Art 136
(b) HC itself issues certificate (Art 134 (a) to reach SC)
➢ Public Interest Litigation (PIL) is also called as Social Action Litigation (SAL)
➢ Locus Standi – Only those approach the court whose right is affected or when someone’s liability is affected
➢ Kapila Hindurani is called as the “Mother of PIL revolution in India” – fought against the situations of people
in custody in jails
➢ In PIL, Locus Standi was removed & no court fees is required to file a case
➢ Examples of PIL –
- Indira Sawhney Vs UOI
- Mandal Commission’s Case
- Shreya Singhal Case
- 1st Judges Case
- SP Gupta Vs UOI
- Mumbai Rojgar Kamgar Sabha
- Assam Public Works  formed the basis for NRC exercise
➢ In USA in Marbury Vs Madison Case 1803 – for 1st time – Its interpreted that Judiciary has the power to look
into working of Executive & Legislature
➢ In Vineeth Narayan Case 1997, SC remarked that CBI was a caged parrot
➢ Features of independent Judiciary –
- Judges to be appointed by Prez based on Collegium system
- Art 125
- SC judges can be removed by Parliamentary process on grounds of proven misbehaviour & incapacity,
under Judges Inquiry Act 1968
- Judges can’t be criticised on the floor of the Houses (Art 121) – if done it leads to Contempt of Court
- SC is the final interpreter of the Constitution

❖ Hussainara Khatoon Vs Bihar Case 1979

❖ Sunil Batra Vs Delhi Administration 1980
❖ Bandhua Mukti Morcha Vs UOI 1984
❖ Hawala Case
❖ Narasimha Rao Case
❖ Illegal allotment of petrol pumps Case
❖ Art 12
❖ 2nd Judges Case
❖ Art 124 – 147
❖ Art 226, 227, 214, 141
❖ Rule of Law
❖ PIL
❖ Arbitration
❖ Beru Bari Case
❖ Olium Leakage Case – against Sriram chemicals
❖ Part III
❖ Schedule IX
❖ Minerva Mill Case
❖ IR Coelho Case
❖ 1st CAA
❖ Art 31 (a), Art 31 (b)
❖ IC Golaknath Vs State of Punjab 1967
 LESSON – 7 – FEDERALISM
• Federalism in West Indies – After Treaty of Chiguramas in 1973
• India is a land of continental proportions & immense diversities
• Since we have participated in a common history, especially, when we fought for independence, we also share
many other imp features. This has led our national leaders to visualise India as a country where there is Unity
in Diversity
Key ideas & concepts associated with Federalism –
(a) Federalism is an institutional mechanism to accommodate 2 sets of polities – 1 at regional level & at
National level. Each govt is autonomous in its own sphere
(b) People have 2 sets of identities & loyalties – they belong to region as well as nation. Each level of the
polity has distinct powers & responsibilities & has a separate system of govt
(c) Details of dual system of govt is generally spelt out in written constitution
(d) To prevent conflicts b/w Centre & State there is an independent judiciary to settle disputes
• Constituent Assembly decided to frame a govt that would be based on the principles of Unity & Cooperation
between the Centre & the States and separate powers to the States
• Constitution doesn’t mention the term “Federation”
• Art 1 – (1) India, that is Bharat shall be a Union of States. (2) The States & the territories thereof shall be as
specified in the 1st Schedule
• 1 of the imp aspects of division of powers is that economic & financial powers are centralised in the hands of
Central govt by the Constitution
• Cyber laws come under residuary powers (Union Legislature alone has the power to legislate on such matters)
Provisions that create a strong Central govt:
(a) Parliament is empowered to form a new State by separation of territory from any State or by uniting 2 or
more States, it can also alter the boundary of any State or even its name. The very existence of a State
including its territorial integrity is in hands of Parliament
(b) Powerful emergency provisions. During emergency, power becomes lawfully centralised. Parliament
assumes the power to make laws on subjects within the jurisdiction of the States
(c) Effective financial powers. Union govt uses its discretion to give grants & loans to States
(d) Governor has certain powers to recommend dismissal of the State govt & dissolution of Assembly. Even
under normal circumstances, he has the power to reserve a Bill passed by the State LA for assent of Prez
- When central govt needs to legislate on matters from the State list, this move should be ratified by RS
(e) Integrated administrative system. States can neither take disciplinary action nor can they remove officers.
Art 33 & 34 authorise the Parliament to protect persons in the service of Union or a State in respect of any
action taken by them during martial Law to maintain or restore order (Ex – AFSPA)
• Art 257 (1) – The Executive power of every State shall be so exercised as not to impede or prejudice the
exercise of the executive power of the Union, and the executive power of the Union shall extend to giving of
such directions to a State as may appear to the GOI to be necessary for that purpose
• States demand for autonomy include – Division of power should be changed in favour of States, States should
have independent sources of revenue & greater control over resources, Administrative powers of the States,
demands related to cultural & linguistic issues
• In Dec 1953, the States Reorganisation Commission was setup & it recommended the creation of linguistic
States, at least for the major linguistic groups
• Gujarat & Maharashtra were created in 1960, Punjab & Haryana were separated in 1966
• Sarkaria Commission was appointed by Central govt in 1983, it submitted its report in 1988 to examine the
issues relating to Centre-State relations, recommended that appointment of governor should be non-partisan
• Art 356 – When a situation has arisen in which the govt of the State cannot be carried on in accordance with
the provisions of the Constitution  takeover of State govt by Parliament. Prez’s rule can be extended till 3yrs
• Courts ruled that constitutional validity of decision to impose President’s rule can be examined by Judiciary
Conflicts between Centre & States –
(a) Centre-State relations
(b) Demands for autonomy
(c) Demands for new States
(d) Role of Governor & President’s rule
Interstate conflicts –
(a) Border disputes
(b) River water disputes
• The most extraordinary feature of the federal arrangement created in India is that many States get a
differential treatment. Constitution has some special provisions for some States given their peculiar social &
historical circumstances
• “Federalism is like a rainbow, where each colour is separate, yet together they make a harmonious pattern”
• A responsive polity sensitive to diversities & to the demands for autonomy can alone be the basis of a
cooperative federalism
➢ States Reorganisation Act 1956 & 7th CAA were passed to form States on the basis of language
➢ In case of Delhi, Public order, police & land (entries 1, 2 & 18) come under Union List
➢ Majority of the Unitary tilt is visible in financial powers
➢ Art 249, 250, 252 & 253 – State can legislate on State matters

❖ Art 3
❖ States Reorganisation Act 1956
❖ 7th CAA
❖ Difference between Federal structure & Federalism
❖ Cooperative Federalism
❖ Art 79 & 168, 74 & 163
❖ Art 352 (National Emergency), 356 (Prez’s rule), 360 (Financial emergency), 275 (Statutory grants),
282 (Discretionary grants), 249 (National interest), 250 (Emergency)
❖ 7th Schedule
❖ Art 245 – 296 (Legislative, Administrative & Financial relations between Centre & States)
❖ Part 18
❖ Art 252 – when requested by 2 or more States, 253 – To implement international agreements
❖ Art 33 & 34
❖ AFSPA
❖ Art 312
❖ Sarkaria Commission, Punchi Commission
❖ JVP Committee
❖ SR Bommai Case – SC ruled that Art 356 can’t be misused
❖ Art 362 – Any kind of Interstate water dispute shall be adjudicaited by the States & the Court will
not interfere
❖ Art 370 & 371
 LESSON – 8 – LOCAL GOVERNMENTS
• Constitutional status was accorded to Local govt institutions in 1993
• Local govt believes that local knowledge & local interest are essential for democratic decision making
• Democracy is about meaningful participation, it is also about accountability
• Self-governing village communities existed in India from earliest times (Sabha – village assemblies)
• In modern times, elected local govt bodies (Local boards) were created after 1882, Lord Rippon created them
• Following GOI Act 1919, Village Panchayats were estd in a number of provinces
• Gandhiji believed strengthening the panchayats was a means of effective decentralisation
• Panchayats are looked upon as instruments of decentralisation & participatory democracy
• “Local govts” was assigned to States, it’s also mentioned in DPSP (Art 40)
Reasons for Panchayats not receiving adequate importance –
(a) Turmoil due to partition resulted in strong Unitary inclination in Constitution. Nehru himself looked upon
extreme localism as a threat to unity & integration of the nation
(b) Ambedkar felt that the faction & caste ridden nature of rural society would defeat the noble purpose of
local govt at the rural level
• Community Development Prog in 1952 sought to promote People’s participation in local govt
• States like Gujarat & Maharashtra adopted this system in 1960s
• In 1989, the P.K.Thungon Committee recommended constitutional recognition for the local govt bodies. A
Constitutional amendment to provide for periodic elections to local govt & enlistment of appropriate
functions to them, along with funds was also recommended
• Central govt introduced 73rd & 74th CA in 1989 and passed in 1992 on 24.04.1992 & 1.6.1992 respectively &
came into force in 1993
73rd CAA (Art 243 – 243 O) –
- All States have a uniform 3 tier structure. Gram Panchayat (Covers a village or group of villages) at base.
Mandal or Taluka Panchayat at intermediary level (it need not be constituted in smaller States. Zilla
Panchayat is at apex level (covers the entire rural area of the district)
- It made provision for mandatory creation of Gram Sabha (It would comprise all the adult members
registered as voters in the Panchayat area. Its role & functions are decided by State legislature)
- All the 3 levels are elected directly by people. Term of each Panchayat – 5yr. If State govt dissolves
Panchayat before 5yrs, fresh elections must be held within 6 months of such dissolution
- 1/3rd positions are reserved for women. Reservations are also provided for SC & ST in proportion to their
population. Reservations can be provided for OBCs if States think its necessary
- 29 subjects earlier in State list are now placed in 11th Schedule. The actual transfer of these functions
depends on State Legislation and each State decides how many of these are to be transferred
- Initially these provisions weren’t made applicable to Tribal areas (later done through PESA Act in 1996)
- State govt would be required to appoint SEC who would be responsible for conducting elections to PR. He
is autonomous. He is an independent officer & is not under control of EC
- State govt is also required to appoint a State Finance Commission once in 5yrs. It examines the financial
position of the local govt & review the revenues b/w State & local govts & b/w urban & rural govts
74th CAA (Art 243 P – 243 Z) –
- Census of India defines an Urban area (31% population lives in Urban areas as in 2011) as having:
(a) Minimum population of 5000
(b) At least 75% of male working population engaged in non-agricultural occupations
(c) Density of population of at least 400 persons per sq km
- Subjects listed in 12th Schedule
• Women have gained more power & confidence by asserting control over resources. In many cases, they have
brought a new perspective & a greater sensitivity to discussions at local bodies
• Bolivia is frequently cited as 1 of the most successful cases of democratic decentralisation in Latin America
• Art 243 G – Powers, authority & responsibilities of Panchayats … the Legislature of a State may, by law,
endow the Panchayats with such powers & authority … with respect to … the matters listed in 11th Schedule
• Rural local bodies raise 0.24% of the total revenues collected, they account for 4% of the total expenditure
made by the govt
• Democracy means decentralisation of power & giving more and more power to the people
➢ National Extension Services 1953
➢ Gram Sabha has the responsibility to keep a check on Gram Panchayat

❖ Panchayati Raj System

❖ Federalism
❖ Sadiq Ali Committee
❖ LM Singvi Committee
❖ GVK Rao Committee
❖ Art 243 – 243 O
❖ PESA Act 1996
❖ Art 243 P – 243 Z
❖ Definition of Urban areas
❖ Peri Urban areas (Areas falling between panchayats & municipalities)
❖ Fringe Areas
❖ Success & reasons for failure of local govt
❖ Mahabhayarathi & Kadambasri model
❖ Art 243 G
❖ Schedule 5 & 6
 LESSON – 9 – CONSTITUTION AS A LIVING DOCUMENT
• Constitution of India was adopted on 26 Nov 1949, its implementation formally started from 26 Jan 1950
• Our Constitution accepts the necessity of modifications according to the changing needs of the society & in
actual working of it there has been flexibility which made it a living document
• Constitution is a framework for democratic governance of the society
• Art 368 – Parliament may in exercise of its constituent power amend by way of addition, variation or repeal
any provision of this Constitution in accordance with the procedure laid down in this article
How to amend the Constitution?
(a) Similar to ordinary law – Simple majority in Parliament – as mentioned in some articles (Ex – Art 2)
- Art 2 – Parliament may by “Law” admit into the Union … new States
- Art 3 – Parliament may by “Law” … (b) increase the area of any State
(b) Special majority in both Houses separately – as per Art 368
(c) Special majority + Legislatures of ½ of States & UTs of Delhi, Puducherry and J&K
• Only elected representatives of the people are empowered to consider & take final decisions on the question
of amendments. Thus, Sovereignty of elected representatives (Parliamentary Sovereignty) is the basis of the
amendment procedure
• There is no provision for Joint Session in case of Constitutional Amendment Bill
• Basic principle behind the amendment procedure is that it should be based on broad support among political
parties & parliamentarians
• When an amendment aims to modify an Article related to distribution of powers b/w Centre & State govt or
articles related to representation, it is necessary that the States must be consulted & that they give their
consent
• Constitution can be amended through large scale consensus & limited participation of States
• 103rd CAA – 12 Jan 2019
Contents of amendments –
(a) Amendments of technical or administrative nature – they were only clarifications, explanations & minor
modifications etc … of original provisions (Ex – increase in age of retirement of HC judges to 62 (15th CAA),
extending the reservation provision for SC/ ST in Legislature every 10yrs, amendment to Art 74 (1) which
made the advice of UCOM binding on the President
(b) Differing interpretations – Many times, the Parliament didn’t agree with the judicial interpretation &
therefore, sought to amend the Constitution to overcome the ruling of judiciary. It happened b/w 1970 – 75
(c) Amendment through political consensus – Amendments of post 1984 period are instances of this trend
(Ex – 52nd & 91st CAA, 61st CAA – to bring down the minimum age for voting from 21 to 18yrs, 73rd & 74th CAA)
(d) Controversial amendments – Amendments during 1970-80s generated a lot of legal & political
controversy (Ex – 38th, 39th & 42nd CAA have been the most controversial. 42nd CAA was also an attempt to
override the ruling of SC given in Keshavananda Bharati case, it even extended the duration of LS from 5 to
6yrs, Fundamental Duties were included by this amendment, it also put restrictions on review power of
Judiciary, it made changes to Preamble, 7th CAA & 53 articles of the Constitution)
BASIC STRUCTURE –
Keshavananda Bharati ruling has contributed to evolution of the Constitution in following ways:
(a) It has set specific limits to Parliament’s power to amend. It says no amendment can violate BSD
(b) It allows Parliament to amend any & all parts of the Constitution (within the limitation) and
(c) It places the Judiciary as the final authority in deciding if an amendment violates BSD & what constitutes it
Thus Judiciary & its interpretation have practically changed the Constitution without a formal amendment
• Theory of Basic Structure is itself an example of a living Constitution
• In 2000, a Commission to review the working of the Constitution was appointed by the GOI under the
chairmanship of a retired CJ of SC Justice Venkatachaliah
• Democracy is not only about votes and people’s representation but also about the principle of Rule of Law
• Court looked at BSD as something without which the Constitution can’t be imagined at all
➢ Part XX – Art 368 – Only Article with respect to Constitutional amendment
➢ 24th CAA 1971 – by Indira Gandhi. It made Art 368 > Art 13
➢ In Minerva Mills Case, it was reiterated that “everything in India is under Judicial review”

❖ Judicial Review
❖ Democracy
❖ LEX REX
❖ Republic
❖ Supremacy of the Constitution
❖ Art 50
❖ Separation of powers
❖ Secularism
❖ Rule of Law
❖ Keshavananda Bharati case 1973
❖ BSD
❖ Constitutional Amendment
❖ Shankari Prasad Vs UOI (it held that Art 368 > Art 13)
❖ Sajjan Singh case (it held that Art 368 > Art 13)
❖ Golaknath Vs State of Punjab (it held that Art 13 > Art 368)
❖ Justice Venkatachaliah commission
❖ Judicial overreach
❖ Puttaswamy case
❖ Minerva Mills case
❖ Maneka Gandhi Vs UOI 1978
 LESSON – 10 – THE PHILOSOPHY OF CONSTITUTION
• It is true that all laws don’t have a moral content, but many laws are closely connected to our deeply held
values. We must look upon the Constitution as a docx that is based on a certain moral vision
• Japanese Constitution is called as “Peace Constitution”
• “Constituent Assembly is not just a body of people or a gathering of able lawyers. Rather, it is a ‘nation on a
move’, throwing away the shell of its past political & possibly social structure & fashioning for itself a new
garment of its own making” ---- Jawaharlal Nehru
• To get a handle on current Constitutional practice, to grasp their value & meaning, we may have no option
but to go back in time to Constituent Assembly debates & perhaps even further back in time to colonial era
What is meant by political philosophy approach to Constitution?
(a) Understanding of conceptual structure of Constitution is required – i.e we must ask the questions like the
possible meanings of ‘rights’, ‘citizenship’, ‘minority’ or ‘democracy’
(b) We must attempt to work out a coherent vision of society & polity conditional upon an interpretation of
key concepts of Constitution – i.e we must have a better grasp of the set of ideals embedded in Constitution
(c) Indian Constitution must be read in conjunction with the Constituent Assembly debates in order to refine
& raise to a higher theoretical plane, the justification of values embedded in it
Constitution as means of democratic transformations –
- One reason to have Constitution is the need to restrict the exercise of power – it provides basic rules &
therefore prevent States from turning tyrannical
- Constitutions also provide peaceful, democratic means to bring about social transformation
- It was designed to break the shackles of traditional social hierarchies & to usher in a new era of freedom,
equality & justice
Thus, Constitution exists not only to limit people in power but to empower those who traditionally have been
deprived of it. It can give vulnerable people the power to achieve collective good
Political philosophy of our Constitution –
- It is liberal, democratic, egalitarian, secular, federal, open to community values, sensitive to the needs of
religious & linguistic minorities as well as historically disadvantaged groups and committed to building a
common national identity
INDIVIDUAL FREEDOM –
- Constitution is committed to individual freedom
- It was a product of continuous intellectual & political activity of well over a century
- Raja Ram Mohan Roy protested against curtailment of the freedom of the press by British colonial rule. He
demanded that State must permit unlimited liberty of publication
- Freedom of expression, Freedom from arbitrary arrest is an integral part of the Indian Constitution
- Freedom of Conscience is part of liberal ideology
SOCIAL JUSTICE -
- Classical liberalism always privileges rights of the individuals over demands of social justice & community
values. Indian liberalism is different from it in 2 ways
(a) It is always linked to Social Justice (Ex – Reservations for SC & ST in Constitution & in Public Sector jobs)
RESPECT FOR DIVERSITY & MINORITY RIGHTS –
- Indian Constitution encourages equal respect between communities. This wasn’t easy because:
(a) Communities don’t always have a relationship of equality – they tend to have hierarchical relationships
with one another (Ex – Caste)
(b) When the communities do see each other as equals, they also tend to become rivals (Ex – Religious)
 - Individuals everywhere in India also belong to cultural communities & every such community has its own
values, traditions, customs & languages shared by its members. It was important to ensure that no one
community systematically dominates others. Hence, it was made mandatory to recognise community-
based rights
- Ex – Right of religious communities to establish & run their own educational institutions. Such institutions
may receive money from govt. This provision shows that the Indian Constitution ‘doesn’t’ see religion
merely as a “private” matter concerning the individual
SECULARISM –
- Western conception – Mutual exclusion of State & religion in order to protect values such as individual
freedom & citizenship rights. Mutual exclusion means that State & religion must be strictly separated
- Indian conception –
(a) Indian Constitution recognised that inter-community equality was as necessary as equality b/w
individuals. Freedom of religion in India means freedom of religion of both individuals & communities
(b) in India, separation b/w religion & State didn’t mean their mutual exclusion but rather principled
distance, a rather complex idea that allows the State to be distant from all religions so that it can
intervene or abstain from interference, depending upon which of these 2 would better promote liberty,
equality & social justice
- 3 core features of our Constitution –
(a) Our Constitution reinforces & reinvents forms of liberal individualism. This was done in the backdrop of
a society where community values are often indifferent or hostile to individual autonomy
(b) Our Constitution upholds the principle of social justice without compromising on individual liberties.
The Constitutional commitment to caste-based affirmative action prog shows how much ahead India was
compared to other nations
(c) Against the backdrop of inter-communal strife, the Constitution upholds its commitment to group
rights (the right to expression of cultural particularity). This indicates that framers of Constitution were
ready to face the challenges like Multiculturalism
UNIVERSAL FRANCHISE –
- Once the idea of nation took root among the elite, the idea of democratic self-govt followed. Thus, Indian
Nationalism was always conceived of a political order based on the will of every single mem of the society
- As early as the Constitution of India Bill 1895, the 1st non-official attempt at drafting a constitution for
India, the author declared that every citizen i.e anyone born in India had a right to take part in the affairs
of the country & be admitted to public office
- Motilal Nehru Report of 1928 reaffirms this conception of Citizenship, UAF to persons > 21yrs of age
FEDERALISM -
- By introducing Art 370 & 371, Constitution anticipates the very imp concept of “Asymmetric federalism”
- Despite the unitary bias, there are imp Constitutionally embedded differences b/w the legal status &
prerogatives of different sub units within the same federation. To meet the specific needs & requirements
of some sub-units
- Art 371 A – Privilege of special status was also accorded to North State of Nagaland. It not only confers
validity on pre-existing Laws within Nagaland, but also protects local identity through restrictions on
immigration. India is now a multi lingual federation
NATIONAL IDENTITY –
- Common national identity wasn’t incompatible with distinct religious or linguistic identities, our
Constitution tried to balance these. Yet, preference was given to common identity under certain
circumstances
 - Ex – Separate electorates were rejected not because they fostered difference b/w religious communities
as such or because they endangered a simple notion of national unity but because they endangered a
healthy national life
- Rather than forced Unity, our Constitution sought to evolve true fraternity, a goal dear to the heart of BR
Ambedkar
- “The main objective was to evolve as ‘one community’” --- Sardar Patel
Procedural achievements –
- Indian Constitution reflects a faith in political deliberation. Makers wanted to be more inclusive. This
open-ended approach indicates the willingness of people to modify their existing preferences, to justify
outcomes by reference not to self-interest but to reasons. It also shows a willingness to recognise creative
value in difference & disagreement
- It reflects a spirit of compromise & accommodation. If one value is partially traded off for another value,
especially in an open process of free deliberation among equals, then compromise arrived in this manner
can hardly be objected to. A commitment to the idea that decisions on the most imp issues must be
arrived at consensually rather than by majority vote is equally morally commendable
Criticism –
- It is unwieldy – Based on the assumption that the entire Constitution of a country must be found in 1
compact document. Some details may be found outside. In India, many such details, practices &
statements are included in 1 single document which made it somewhat large in size
- It is unrepresentative – It is based on the notion that there wasn’t UAF back then & that most mems
came from advanced sections of the society. We must recognise 2 components of representation – (a)
Voice & (b) Opinion. If we look at Indian Constitution from 1st perspective, mems of CA weren’t chosen by
UAF but if we examine 2nd dimension, we may not find it lacking in representativeness
- It is alien to our needs – It is viewed as alien, borrowed article by article from western constitutions & sits
uneasily with the cultural chaos of Indian people. But it was never a blind borrowing, it was innovative
borrowing. Many Indians have not only adopted modern ways of thinking, but have made these their
own. For them westernisation became a form of protest against the filth in their own tradition (Ex – Raja
Ram Mohan roy). Secondly, when western modernity began to interact with local cultural systems,
something like hybrid culture began to emerge possibly by creative adaption, for which a parallel can be
found neither in western modernity nor in indigenous tradition
Thus, when we were drafting our Constitution, efforts were made to amalgamate western & traditional Indian
values. It was a process of selective adaption and not borrowing
Limitations –
- It has a centralised idea of national unity
- It appears to have glossed over some imp issues of gender justice, particularly within the family
- It is not clear why in a poor developing country, certain basic socio-economic rights were relegated to
the section on DPSP rather than made an integral feature of our FR
• Many view that the best summary & philosophy of the Constitution is to be found in the Preamble
• The preamble makes a very humble claim – the Constitution is not ‘given’ by a body of great men, it is
prepared & adopted by “We, the people of India …”
-