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    Constitution 2 - Roshni

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    The document summarizes the key aspects of the Indian Constitution related to fundamental rights, separation of powers, federal structure, and constitutional bodies. It discusses how fundamental rights are organized, who they apply to, and whether they are absolute. It also describes the roles of the executive, parliament, judiciary, and differences between the Supreme Court and High Courts. Additionally, it covers the vertical and horizontal separation of powers, legislative powers shared between the center and states, emergency powers, and independent constitutional bodies like the Election Commission.

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    Constitution 2 - Roshni

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    vjstop1
    4 views23 pages
    The document summarizes the key aspects of the Indian Constitution related to fundamental rights, separation of powers, federal structure, and constitutional bodies. It discusses how fundamental rights are organized, who they apply to, and whether they are absolute. It also describes the roles of the executive, parliament, judiciary, and differences between the Supreme Court and High Courts. Additionally, it covers the vertical and horizontal separation of powers, legislative powers shared between the center and states, emergency powers, and independent constitutional bodies like the Election Commission.

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    The document summarizes the key aspects of the Indian Constitution related to fundamental rights, separation of powers, federal structure, and constitutional bodies. It discusses how fundamental rights are organized, who they apply to, and whether they are absolute. It also describes the roles of the executive, parliament, judiciary, and differences between the Supreme Court and High Courts. Additionally, it covers the vertical and horizontal separation of powers, legislative powers shared between the center and states, emergency powers, and independent constitutional bodies like the Election Commission.

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    4 views23 pages

    Constitution 2 - Roshni

    Uploaded by

    vjstop1
    The document summarizes the key aspects of the Indian Constitution related to fundamental rights, separation of powers, federal structure, and constitutional bodies. It discusses how fundamental rights are organized, who they apply to, and whether they are absolute. It also describes the roles of the executive, parliament, judiciary, and differences between the Supreme Court and High Courts. Additionally, it covers the vertical and horizontal separation of powers, legislative powers shared between the center and states, emergency powers, and independent constitutional bodies like the Election Commission.

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    of 23

    Constitution Part II

    LAMP Fellowship 2019-20


    Fundamental
    Rights
    • What are fundamental rights?

    • Why are they in the Constitution?

    • How are these rights organised?


    How are these rights organised?
    ▪ Rights to equality (Articles 14-18)
    ▪ Rights to freedom (Articles 19-22, freedom of religion – Art 25-28)
    ▪ Rights against exploitation (Articles 23-24)
    ▪ Cultural and Educational Rights (Articles 29-30)
    ▪ Right to constitutional remedies (Articles 32-35)
    ▪ Any others?
    Who enjoys these rights?

    ▪ Citizens and non-citizens residing in India


    ▪ Enforceable against state and against individuals
    ▪ Individual vs. Group Rights
    ▪ Are these rights absolute?
    Directive Principles of State Policy

    ▪ Why do directive principles find a place in the constitution?


    ▪ What is the difference between Fundamental Rights and Directive
    Principles?
    ▪ Why did we not make them rights?
    Fundamental Duties
    ▪ What are fundamental duties?
    ▪ When were they introduced?
    ▪ National Anthem!
    Separation of Powers – Vertical and Horizontal
    ▪ India is a Parliamentary democracy. What does this mean?

    ❖ The Head of State is an elected President

    ❖ The Head of Government is an elected Prime Minister

    ▪ The Constitution specifies and separates the power and responsibilities of the
    Legislature, the Executive and the Judiciary
    Executive
    ▪ Who comprises the executive?

    ▪ How is the President elected?

    ▪ Does he have any special powers?


    Parliament
    ▪ Who comprises the Parliament?
    ▪ How are Members elected?

    ❖ LS Members

    ❖ RS Members

    ▪ What are the roles of Parliament?


    Judiciary
    Supreme Court
    ▪ Court of record and can punish for its contempt
    ▪ Writ Jurisdiction – for enforcement of fundamental rights (Article 32);
    ▪ Appellate Jurisdiction – Where certificate of fitness granted by the
    respective High Court. (Article 132/133/134)
    ▪ If certificate of fitness not granted – then, special leave to appeal under
    Article 136
    ▪ Federal Disputes - Adjudicating centre-state, state-state or centre-state-state
    disputes (Article 131);
    ▪ Advising the President (Article 143);
    High Courts
    ▪ Court of record and can punish for its contempt (including contempt of
    subordinate judiciary)
    ▪ Original Jurisdiction - Original Civil Jurisdiction of 5 High Courts (Delhi,
    Bombay, Calcutta, Madras and Himachal Pradesh)
    ▪ Appellate Jurisdiction
    ▪ Writ jurisdiction under Article 226
    ▪ Supervisory jurisdiction (under Article 227)
    Is the separation of powers watertight?
    ▪ Executive controls the lower House of Parliament
    ▪ Executive has ordinance making powers
    ▪ Office of Profit
    ▪ MPLADs/MLALADs
    ▪ Regulatory bodies
    Vertical division of power
    Supreme
    The Union Parliament Union Govt.
    Court

    The States State


    State Govt. High Courts
    legislatures

    Panchayat /
    Local Subordinate
    Urban
    Local Bodies
    Judiciary
    Tiers of Government
    ▪ The Constitution initially specified two tiers of governments
    ▪ Two amendments (73rd & 74th) in 1992 recognised local governments
    ▪ The Seventh Schedule of the Constitution specifies domains of the
    centre and the states
    ▪ 11th and 12th Schedules specify the areas that fall under the
    jurisdiction of Local Governments
    Legislative Powers
    ▪ How do centre and states share powers?
    ❖ Union List, State List, Concurrent List, Residuary subjects

    ▪ Concurrent List – if both Centre and state enact laws, who prevails?
    ▪ When can centre intervene in the state list?
    ❖ Rajya Sabha on matters of national interest – 3/4 th majority resolution

    ❖ National emergency

    ❖ Implementing international agreements

    ❖ If two or more states request


    Emergency Powers
    "I share the sentiments that such articles will never be called into operation and they
    would remain a dead letter. “
    Goods and Service Tax
    ▪ How did centre and states generate tax revenues before GST?
    ❖ Schedule 7
    ▪ Post GST, how do their powers change?
    ❖ Article 246A, 279A(3)
    ❖ Impact on revenue generation powers of centre and states?
    ▪ Powers of GST Council
    ❖ Tension with legislatures?
    Independent Constitutional Bodies
    ▪ Finance Commission
    ▪ Election Commission of India
    ▪ Comptroller and Auditor General
    ▪ UPSC
    ▪ Attorney General
    ▪ Any newer bodies?
    Summing up
    ▪ Limiting powers of the state
    ❖ Fundamental Rights
    ❖ Checks and balances across all three organs
    ❖ Federal structure
    ❖ Independent bodies like ECI, CAG, etc.
    ❖ Basic Structure!!

    ▪ Socio-economic reform
    ❖ Directive Principles of State Policy
    ❖ Fundamental Rights

    ▪ Holding the centre


    ❖ Emergency powers and
    ❖ Concurrent list overriding powers
    Assignment
    ▪ Assignment 1: Give one example of how each of the three wings of the state
    keep the other in check. (500 words)

    ▪ Assignment 2: Give three recent instances where there may have been a
    Fundamental Rights violation through a legislative or executive action. (500
    words)
    Fin.

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