Friday 18 November 2016

POLITY : IMPORTANT FEATURES Part-I

MAKING OF THE INDIAN CONSTITUTION

The idea of constituent assembly for making the Constitution was first mooted by M.N. Roy in 1934. Indian National Congress officially demanded the formation of Constituent Assembly in 1935. 
• First meeting of Constituent Assembly was held on Dec 9, 1946.
• Muslim League boycotted the Constituent Assembly.
• Dr. Sachidanand Sinha, the senior most member of the assembly, was elected as the temporary President of the assembly.
• Provisions relating to citizenship, elections, provisional parliament and temporary provisions became effective from 26th November, 1949.

IMPORTANT COMMITTEES

COMMITTEE                                                        CHAIRMAN
Drafting Committee                                                  Dr. B.R. Ambedkar
Flag Committee                                                        J. B. Kriplani
Union Constitution Committee                                   Jawaharlal Nehru
Provincial Constitution Committee                             Sardar Vallabh Bhai Patel
Union Powers Committee                                          Jawaharlal Nehru
Committee on Fundamental Rights and Minorities       Sardar Vallabh Bhai Patel

LANDMARKS IN CONSTITUTIONAL DEVELOPMENT

1773 centralization started
1784 direct control of British government
1833 centralization completed, GG of India
1853 executive separated from legislature, open competition introduced
1858 Secretary of State
1861 representative institutions, decentralization
1892 indirect election principle, budget discussion
1909 separate electorate
1919 division of subjects in 2 lists, diarchy in provinces, bicameralism at centre, direct elections
1935 division of subjects in 3 lists, diarchy at centre, bicameralism in provinces, provincial autonomy

SOURCES OF INDIAN CONSTITUTION

Country                                                                        Provisions Borrowed
Government                                                                  Federal Scheme
of India Act, 1935                                                        Declaration of Emergency Powers

                                                                                  Administration at the Centre and State level
United Kingdom                                                         Parliamentary System
                                                                                  Single Citizenship
                                                                                  Writ Jurisdiction of Courts

USA                                                                        Fundamental Rights
                                                                               Supreme Court

USSR                                                                     Fundamental Duties
Ireland                                                                    Concept of Directive Principles of State
                                                                               Policy.
Indian Constitution is both rigid and flexible. A written constitution implies rigidity. Parliamentary sovereignty
implies flexibility.
• Preamble of the Constitution is not enforceable but serves two purposes:
1. Indicates the source of Constitutional Authority
2. Statement of objects which the Constitution seeks to establish
• The word 'socialist' has been added to the Preamble by the 42nd Amendment Act.

PREAMBLE OF THE CONSTITUTION

The preamble emphasizes a few fundamental values and guiding principles on which the Constitution of India is based. It serves as a beacon for both, the Constitution and judges who interpret the Constitution in his light. The opening few words of the preamble - "we the people" means that power is concentrated in the hands of the people of India. The preamble is as follows:
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 all
FRATERNITY 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
First, the preamble was not part of the Constitution of India, but the Supreme Court, in the case of Kesavananda Bharati Vs. State of Kerala found it a part of the Constitution and can be used in the interpretation of ambiguous areas of the Constitution. The words "socialist" and "secular" were introduced in the 42nd amendment
SOME IMPORTANT TERMS OF THE PREAMBLE
Sovereign : It means supreme or independent. The country is both, internally as well as externally sovereign. Internally it exercises a free government directly elected by the people and makes laws that govern the people. Externally it is free from any foreign power and free to make its foreign policy independently. Socialist : It was added by the 42nd amendment act of 1976. It implies to social and economic equality.
Secular : It was also added by the 42nd amendment act of 1976. The word implies equality of all religions and religious tolerance. No state in India have an official state religion.
Democratic : This mean that the government of all levels are elected by the people through a system of universal adult franchise.
Republic : The term means that the head of the state is elected, directly or indirectly, for a fixed tenure.
SALIENT FEATURES OF THE CONSTITUTION
A written and lengthy constitution: The Constitution of India is a written constitution and the lengthiest constitution in the world. It has 395 Articles and 12 Schedules. A number of amendments, (about 96) passed since its enforcement in 1950, have also become a part of the Constitution.
Sovereign, socialist, secular, democratic, republic: The Constitution declares India to be a Sovereign, Socialist, Secular,  Democratic, Republic. The words, 'Socialist' and 'secular' were added in the Preamble of the Constitution by 42nd amendment which was passed in 1976.
Federalism: The Constitution provides for a federal form of government. In a federation, there are two governments-at the central level and at the state (province) level and the powers of the government are divided between the central government and state governments.
Parliamentary government: Indian Constitution provides for a parliamentary form of government. President is nominal head of the state. In actual practice, the government is run by the Prime Minister and other members of the Council of Minister. The Council of Ministers is collectively responsible to the Parliament.
Fundamental rights and duties: The Constitution of India guarantees six fundamental rights to every citizen and ten Fundamental Duties of citizens have also been added by 42nd Amendment of the Constitution.
Partly rigid and partly flexible: The Constitution of India is neither wholly rigid nor wholly flexible. It is partly rigid and partly flexible. It is because of the fact that for the purpose of amendment, our constitution has been divided into three parts:
a) certain provisions of the constitution can be amended by a simple majority in the Parliament.
(b) Certain provisions can be amended by a two-third majority of the Parliament and its ratification by at least fifty percent states.
(c) The remaining provisions can be amended by the Parliament by two-third majority.

FUNDAMENTAL DUTIES

Initially, the Fundamental Duties were not provided in the Constitution. On the basis of the recommendations of Swarn Singh Committee, these ten duties were included in the Constitution under Article 51A of part IV by the 42nd Constitutional Amendment Act, 1976 and the 11th duty was adopted by 86th Constitutional Amendment Act, 2002. Under these provisions, a citizen of India is expected to faithfully observe the following fundamental Duties.
1. To abide by the Constitution and respect its ideas and institutions, the National Flag and the National Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and spirit of common brotherhood among all the people of India, transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes, river, and wildlife and to have compassion for living creatures;
8. To develop the scientific temper, humanism and spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activities so that the nation constantly rises to higher levels of endeavor and achievement;
11. To provide opportunities for education to his child or, as the case may be, ward between age of 6 and 14 years;

THE FUNDAMENTAL RIGHTS

The Part III of the Constitution of India gives a detailed description of the 'Fundamental Rights'. These fundamental rights guarantee civil freedom to all the citizens of India to allow them to live in peace and harmony. These are the basic rights that every Indian citizen has the right to enjoy, irrespective of their caste, creed and religion, place of birth, race, colour or gender.
Right to Equality
 • Article 14 :- Equality before law and equal protection of law
• Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
• Article 16 :- Equality of opportunity in matters of public employment
• Article 17 :- End of untouchability
• Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted
Right to Freedom
• Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-
1. Freedom of Speech and Expression
2. Freedom of Assembly
3. Freedom of form Associations
4. Freedom of Movement
5. Freedom of Residence and Settlement
6. Freedom of Profession, Occupation, Trade and Bussiness
• Article 20 :- Protection in respect of conviction for offences
• Article 21 :- Protection of life and personal liberty
• Article 22 :- Protection against arrest and detention in certain cases
Right Against Exploitation
 • Article 23 :- Traffic in human beings prohibited
• Article 24 :- No child below the age of 14 can be employed
Right to Freedom of Religion
• Article 25 :- Freedom of conscience and free profession, practice and propagation of religion
• Article 26 :- Freedom to manage religious affairs
• Article 27 :- Prohibits taxes on religious grounds
• Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions
Cultural and Educational 
• Article 29 :- Protection of interests of minorities
Rights • Article 30 :- Right of minorities to establish and administer educational institutions
• Article 31 :- Omitted by the 44th Amendment Act
Right to Constitutional 
• Article 32 :- The right to move the Supreme Court in case of their violation (It is called Soul and
Remedies heart of the Constitution by BR Ambedkar)
The Writs
• Habeas corpus implies equality before law and equal protection of law.
• Mandamus is the form of command to either take a particular form of action or refrain from doing it.
• Prohibition is a writ issued by the high court or the Supreme Court to the local courts to prevent people from proceeding with a case which does not fall under its jurisdiction.
• Certiorari is a writ issued to lower courts, when these courts have gone beyong the scope of their jurisdictions.
• Quo Warranto writ is issued to a person who has been wrongly appointed in the office of authority.

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