Part 1: Constitutional Framework(Four Part Series on Indian Polity) : Part 1: Constitutional Framework(Four Part Series on Indian Polity) By Arpit Ludhiyani (Guest Speaker) & Satyadhar Joshi
March 2011
Contents : Contents Historical Background
Making of Constitution
Salient Features of Constitution
Preamble of Constitution
Union and its Territories
Citizenship
Fundamental Right
Directive Principle of State Policy
Fundamental Duties
Amendment of Constitution
Outstanding Features of this Series : Outstanding Features of this Series Series of Classes during 7-30 March 2011
Class1: Introduction to Constitutional Framework
Class 2: System of Government
Class 3: Central, State & Local governments
Class 4: Constitutional & non-constitutional bodies together with other dimensions of the constitution.
Total of 8 Hours Series covering the entire Course of Indian Polity with 2 hour classes each
Special Aspects of This Class! : Special Aspects of This Class! Use of Vocabulary
Use of Common Sense
Use of overall history hints
Minimum Memorization to learn things
Use of Important Facts
Use of Historical Background to understand the present scenario
Historical Background : Historical Background The Company Rule (1773-1858)
Regulating Act of 1773
Pitt’s India Act of 1784
Charter Act of 1833
The Crown Rule (1858-1947)
Government of India Act (Transfer of power to British Government)
Indian Council Acts of 1861, 1892 and 1909
Government of India Act 1935
Company Rule vs. Crown Rule
Some Facts to Remember 1 (by applying our Unique technique) : Some Facts to Remember 1 (by applying our Unique technique) Lord Warren Hastings was the first Governor General of Bengal
Pitt’s act made all territories of company as the British possessions in India
Charter Act is important with respect to the first formation of Government of India
Charter act made Lord William Bentick Governor General of India (earlier there were many with Bengal’s being the supreme)
There was Charter Act of 1853 which led to the formation of Indian civil Service (What is Charter???)
Government of India Act of 1858 changed the designation of Governor General to Viceroy of India (Lord Canning become the first)
Dictionary meaning of Viceroy : governor representing sovereign in colony: a governor who represents a sovereign in a province, colony, or country
Some Facts to Remember 1I (by applying our Unique technique) : Some Facts to Remember 1I (by applying our Unique technique) Minto-Morley reforms of 1909 for the first time introduced separate electorate under which Muslim members were to be elected my only Muslim Voters
Lord Minto came to be known as the father of Communal Electorate
Government of India Act 1919 for the firs time gave enough control to the provinces of British India
Government of India Act in 1935 divided the powers between the Centre & Provinces in terms of three lists (Federal, Provincial & concurrent)
Making of Constitution : Making of Constitution Formation of Continent Assembly
Working of Constituent Assemble
Enactment of constitution
Enforcement of Constitution Idea of Constituent Assembly: An idea given by MN Roy in 1934
Some Facts to Remember III (by applying our Unique technique) : Some Facts to Remember III (by applying our Unique technique) Constituent assembly came to effect in Nov 1946 under the Cabinet Mission plan
Dr. Rajendra Prasad & H.C. Mukherjee were elected President & Vice- President respectively (how to remember this one?)
Constituent Assembly appointed 22 committees to deal with different tasks of constitution making
The constitution as adopted on Nov 26, 1949 contained a preamble, 395 articles and 8 schedules (today we have 450 articles and 12 shedules)
Salient Features of Constitution : Salient Features of Constitution Drawn from various sources
Federal system with unitary bias
Parliamentary form of government
Fundamental rights
Three Tier government Lengthiest Written
Constitution
Presently having 450 articles & 12 Schedules
Sources of the Constitution : Sources of the Constitution
Preamble of the Constitution : Preamble of the Constitution
Preamble of the Constitution : Preamble of the Constitution WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political;LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them allFRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Some Facts to Remember IV (by applying our Unique technique) : Some Facts to Remember IV (by applying our Unique technique) One of the controversies about preamble is whether it is a part of constitution or not
In 1973 Supreme Court held that preamble is the part of constitution rejecting it’s earlier position
It is non justifiable i.e. It’s provisions are not enforceable in courts of Law
Union and its Territories : Union and its Territories Union of States
Reorganization of states
Territories of India in 1950
Territories of India in 1956
Territories of India in 2002
Citizenship : Citizenship What is citizenship
Constitutional provision
Citizenship act 1965
Acquisition of citizenship
Loss of citizenship
Provision of Single Citizenship
Fundamental Right : Fundamental Right The six fundamental rights recognized by the constitution are:
Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment
Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality)
Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings;
Right to freedom of conscience and free profession, practice, and propagation of religion;
Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and
Right to constitutional remedies for enforcement of Fundamental Rights.
Slide 18 :
Right To Equality : Right To Equality Equality before Law & Equal protection of Laws
Prohibition of Discrimination on certain grounds
Equality of opportunity in Public Employment ( Mandal Commision as exception)
Abolition of Untouchability
Abolition of Titles
Right to Freedom : Right to Freedom Protection of 6 Rights:
Right to freedom of speech & expression
Right to assemble peacefully
Right to form associations & unions
Right to move freely throughout the territory of India
Right to reside & settle in any part of India
Right to practice any profession
Protection of Life & personal liberty
Right to Education
Protection against Arrest & Detention
Right against Exploitation : Right against Exploitation Prohibition of Forced Labour & human trafficking
Prohibition of Employment of children in factories, etc.
Right to Freedom of Religion : Right to Freedom of Religion Freedom of practice & propagation of Religion
Freedom to Manage Religious Affairs
Freedom from Taxation for promotion of a Religion
Freedom from Attending Religious Instruction
Culture & Educational Rights : Culture & Educational Rights Protection of Interests of Minorities
Right of Minorities to Establish & Administer Educational Institutions
Difference B/w Martial Law & National Emergency : Difference B/w Martial Law & National Emergency
Writs : Writs The Supreme Court ( under Article 32 ) and the high courts (under article 226) can issue writs of Habeas Corpus, mandamus, prohibition, certiorari, and quo-warranto
Habeas Corpus: to have the body of
Mandamus: we command
Prohibition: to forbid
Certiorari: to be certified
Quo-warranto: by what authority or warrant
Mandal Commission : Mandal Commission Formed in 1979 by Morarji Desai Government
BP Mandal (Member of Parliament)
Constituted in terms of article 340 to investigate the condition of the socially and educationally backward classes and suggest measure for their advancement
The commission recommended for reservation of 27% government jobs for OBCs so that total reservation for all (SC, STs and OBC) amounts to 50%
Implemented in 1990 by V.P. Singh government
Directive Principle of State Policy : Directive Principle of State Policy Features of the Directive Principles
Classification of Directive Principles
Criticism of Directive Principles
Utility of Directive Principles
Distinction between fundamental Rights and Directive principles : Distinction between fundamental Rights and Directive principles
Fundamental Duties : Fundamental Duties Swaran Singh Committee Recommendations
List of Fundamental Duties
Significance of Fundamental Duties
Amendment of Constitution : Amendment of Constitution Procedure for amendment
Types of amendment
By simple majority
By special majority
By special + ratification by half states
Types of Majority : Types of Majority Simple Majority: Above 50% in both houses (Eg. Establishment of new states)
Special Majority: 50% of absolute and 75% of present and voting (Eg. amendment of fundamental rights)
Special Majority and consent of states (Eg. Election of president and its manner)
Coming in Class 2!(System of Government) : Coming in Class 2!(System of Government) Parliamentary System
Federal System
Centre-State Relations
Inter-state Relations
Emergency Provision
Special Status of Jammu & Kashmir
Coming in Class 3 !(Central, State & Local governments) : Coming in Class 3 !(Central, State & Local governments) Central Government
State Government
Local Government
Union Territories and Special Areas
Coming in Class 4 !(Constitutional & non-constitutional bodies) : Coming in Class 4 !(Constitutional & non-constitutional bodies) Constitutional Bodies
Non-constitutional bodies
Other Constitutional dimensions
Political Dynamics
Text : Text Textbook: Indian Polity by M Laxmikanth, TMH India Publications (Second Edition)