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6 views5 pages

polity

presidemt

Uploaded by

Rohan Naik
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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EVOLUTION OF THE CONSTITUTION

The Company Rule (1773-1858)

● Regulating Act, 1773: First step towards regulating the affairs of the East India
Company.
● Amending Act, 1781: Strengthened the Governor-General’s authority.
● Pitt’s India Act, 1784: Introduced dual control by the Crown and the Company.
● Amending Act of 1786: Enhanced powers of the Governor-General.
● Charter Act, 1793: Renewed Company’s charter and powers.
● Charter Act, 1813: Ended Company’s monopoly except in tea and trade with China.
● Charter Act, 1833: Made Governor-General of Bengal the Governor-General of
India.
● Charter Act, 1853: Introduced open competition for civil services and legislative
councils.

The Crown Rule (1858-1947)

● Government of India Act, 1858: Transferred Company’s rule to the British Crown.
● Indian Councils Act, 1861: Introduced Indians to legislative councils.
● Indian Councils Act, 1892: Expanded legislative councils and increased Indian
representation.
● Indian Councils Act, 1909: Introduced separate electorates for Muslims
(Morley-Minto Reforms).
● Government of India Act, 1919: Introduced dyarchy in provinces
(Montagu-Chelmsford Reforms).
● Simon Commission (1927): Reviewed governance but excluded Indian members.
● Government of India Act, 1935: Proposed provincial autonomy and federal
structure.
● Indian Independence Act, 1947: Granted independence and partitioned India and
Pakistan.

Drafting and Sources of Indian Constitution

Seminal Sources

● Acts: Government of India Acts of 1919 and 1935.

External Sources

● British Constitution: Parliamentary system, rule of law.


● US Constitution: Fundamental rights, judicial review.
● Irish Constitution: Directive Principles of State Policy.
● Canadian Constitution: Federation with a strong Centre.
● Australian Constitution: Concurrent list, trade and commerce.
Developmental Sources

● Constituent Assembly debates and decisions.

Important Committees of the Constituent Assembly

● Drafting Committee: Dr. B.R. Ambedkar (Chairman).


● Union Powers Committee: Jawaharlal Nehru.
● Union Constitution Committee: Jawaharlal Nehru.
● States Committee: Sardar Vallabhbhai Patel.
● Advisory Committee on Fundamental Rights and Minorities: Sardar Vallabhbhai
Patel.

SALIENT FEATURES OF INDIAN CONSTITUTION

Constitution and Types

● What is a Constitution?: Supreme law defining governance framework.


● Types of Constitution: Written and unwritten; rigid and flexible.
● Functions of the Constitution: Ensures rights, delineates power, provides
governance structure.

Constituent Assembly

● Objectives Resolution: Adopted under Nehru’s leadership, laid guiding principles.


● Unitary and Federal Features: Strong Centre, flexible distribution of powers.

Types of Political Systems

● Parliamentary Form: Dual executive, responsibility to legislature.


● Presidential System: Single executive, fixed tenure.
● Semi-Presidential System: Features of both parliamentary and presidential
systems.

Types of Majorities

● Absolute Majority: More than 50% of total membership.


● Effective Majority: More than 50% of those present and voting.
● Simple Majority: More votes than opposing votes.
● Special Majority: Various combinations for constitutional amendments.

Preamble and Values in the Constitution

Objectives in the Preamble


● Democratic, Sovereign, Socialist, Secular, Republic: Form of government and
state identity.
● Justice, Equality, Liberty, Fraternity: Core values.

Interpretation

● Part of Constitution?: Yes, as per Kesavananda Bharati case.


● Amendable?: Yes, but without altering the basic structure.

Amendment of the Constitution

Procedure

● Article 368: Lays out amendment process.


● Types of Amendments: By simple majority, special majority, or ratification by states.

Basic Structure Doctrine

● Limits parliamentary power to amend.

Doctrines and Terms

Constitutional Doctrines

● Severability: Invalid provisions separable.


● Eclipse: Invalid laws become effective post amendment.
● Pith and Substance: Substance over form.
● Colorable Legislation: Prohibition of indirect lawmaking.
● Territorial Nexus: Laws valid with sufficient connection.

UNION & ITS TERRITORY

Articles 1-4

● Article 1: Defines Union and its territories.


● Article 2 & 3: Admission and alteration of states.
● Article 4: Framework for implementing territorial changes.

Delimitation Commission

● Defines territorial constituencies.


CITIZENSHIP

Constitutional Provisions

● Single Citizenship: Inspired by UK.


● Citizenship Act, 1955: Modes of acquisition and loss.

Rights and Privileges

● Exclusive Rights: Public employment, voting, etc.

FUNDAMENTAL RIGHTS

Articles 12-35

● Right to Equality: Equality before law, prohibition of discrimination.


● Right to Freedom: Freedom of speech, assembly, etc.
● Right Against Exploitation: Prohibition of human trafficking, forced labor.
● Right to Freedom of Religion: Religious freedom, equality.
● Cultural and Educational Rights: Protection of minorities.
● Right to Constitutional Remedies: Enforcement of rights via judiciary.

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

Articles 36-51

● Socialist, Gandhian, Liberal Principles: Socio-economic justice, rural


development, environmental protection.

SYSTEM OF GOVERNANCE

Centre-State Relations

● Legislative, Administrative, Financial Relations: Division of powers, coordination


mechanisms.

Union Executive

● President: Head of state, emergency powers.


● Prime Minister: Real executive, link between President and Parliament.

Union Legislature

● Parliament: Bicameral structure, legislative procedure.


LOCAL GOVERNMENT

Panchayati Raj and Urban Governance

● 73rd and 74th Amendments: Empowerment of local bodies.

THE JUDICIARY

Supreme Court and High Courts

● Jurisdiction, Independence: Guardian of Constitution.

CONSTITUTIONAL & NON-CONSTITUTIONAL BODIES

Key Bodies

● Constitutional: Finance Commission, CAG.


● Non-Constitutional: Lokpal, CIC.

POLITICAL DYNAMICS AND GOVERNANCE

Elections and Political Parties

● Electoral Reforms: Transparency, accountability.


● Pressure Groups: Influence on governance.

Transparency Initiatives

● RTI, Lokpal: Tools for accountable governance.

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