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Indian Polity TABLE  OF CONTENTS: Theory Part-1 Theory Part-2 Theory Part-3 Theory Part-4 Theory Part-5 ...


Indian Polity

Theory Part-1



Indian Polity Constitution



Constitution: Constitution is the foundational law of a country which ordains the fundamental principles on which the government (or the governance) of that country is based, It lays down the framework and principal functions of various organs of the government as well as the modalities of interaction between the government and its citizens. With the exception of the United Kingdom (U.K.), almost all democratic countries possess a written constitution.
India also possesses an elaborate written constitution which was enacted by a constituent assembly specifically set up for the purpose.
Our Constitution: Our present constitution-the first Constitution of India was framed and given to themselves by the people. India was adopted by the Constituent Assembly on 26 November 1949. It came into full operation with effect from 26 January 1050 the Constitution as originally adopted had 22 parts articles and 8 schedules.
Its present text is amended from time to time.
Evolution of the Indian Constitution
Although the systems of ancient India do have their reflections in the Constitution of India, the direct sources of the Constitution lie in the administrative and legislative developments of the British period. A concise and chronological description of the Acts, documents and events that culminated in the framing of the world's largest written Constitution is given here.

FRAMING OF THE CONSTITUTION OF INDIA - POINTS TO REMEMBER
• The Constitution of India was farmed and adopted by the Constitution Assembly of in India
• The Constituent Assembly was set up in November 1946as per the Cabinet Mission Plan of 1946
• The members were elected indirectly by the Provincial Assemblies in the ratio of one member per one million populations.
• There were a total of 399 members in the Conation Assembly of which_296 were elected by the members of the Provincial Assemblies and the rest were nominated by the Princely states.
• Its first meeting was held on 9th December 1946, with Sachidan and Sinha as the interim President.
 • On 11th December 1946, in Delhi, Dr Rajendra Prasad was elected as the president of the Constitution. Assembly.
• The Historic Objective Resolution was moved in the Constitution Assembly by Pt. Jawahar Lal Nehru on 13th Discerner 1946.
• The Constitution Assembly formed 13 important committees for framing the Constitution.
• The Drafting Committee was appointed on 29 August 1947 with Dr. B R. Ambedkar as the Chairman.
• The first Draft of the Constitution was prepared in October 1947.
• The draft Constitution of India prepared by the Drafting Committee was submitted to the President of the Assembly on 21 February 1948.
• The clause by clause consideration of the Draft Constitution was taken up between 15 November 1948 and 17 October 1949.
• On 26 November 1949, the people of India through the Constitution Assembly adopted and gave to themselves the Constitution of India.
• The Constitution was finally signed in by the members of the Constitution Assembly on 24th January 1950, which was the last day of the Assembly.
• The Constitution came into full operation with effect from 26th January 1950?
• During this period the Constituent Assembly acted as a Temporary Parliament' (15th August 1947 - 26 November 1949).
• The Constitution was approved by the members and was signed in by 284 members of the Constituent assembly.
• It is considered the largest written Constitution in the world.
• Originally it had 22 parts, 395 articles and 8 schedules.
• The Constituent Assembly took 2 years, 11 months and 18 days to frame the Constitution.
• It cost the exchequer Rs. 6.4 crore.
• The design of the National Flag was adopted by the Constituent Assembly on July 22, 1947.
• The National Anthem was adopted by the Constituent Assembly on January 24. 1950.
• The Constituent Assembly of India was converted into the provisional Parliament of India on November 26, 1949.
• The National Anthem was adopted by the Constituent Assembly on January 24, 1950.
• The Constituent Assembly of India was converted into the provisional Parliament of India on November 26, 1949.
• The only State having a constitution of its own is Jammu & Kashmir.
• The first elections to the Parliament were held in 1952.
• The first amendment to the Constitution was effected in 1951.
• Delhi was made the National Capital Territory in 1991.
• The demand for the Constituent Assembly to draft the Constitution of India was, for the first time, raised by the Congress in 1935.
• The British Government accepted this demand, for the first time, in the August Offer of 1940.
• The seats were allocated to three communities Muslims, Sikhs and General in proportion to their population.
• The Mount batter Plan of June 3, 1947 announced their partition of the country and a separate Constituent Assembly for the proposed State of Pakistan.
• Consequently the members of the Constituent Assembly represented those areas which were to be included in Pakistan, East Bengal, North-West Frontier province (NWFP), West Punjab, Sindh, Baluchistan, and Sylhet district of Assam, were no more members of the Constituent Assembly of India.
• North-West Frontier Province and Sylhet decided through a referendum to remain with. Pakistan.
• Therefore, the membership of the Constituent Assembly for India was reduced to 299 after partition.
• According to Article 394, Provisions relating to the citizenship, elections, provisional Parliament and temporary and transitional provisions contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on the day of adoption (i.e. 26 November 1949) of the Constitution came into being on the day of the commencement (i.e. 26 November 1950) of the Constitution.
• According to Article 395, the Government of India Act of 1935 and the Indian Independence Act of 1947 got replaced with the commencement of the Constitution of India.
• January 26 was selected as the date of commencement of the Constitution of India because on this date in l930.
Indian people observed Independence Day following the resolution of Purno Swaraj of the Congress session held in the midnight of December 31, 1929 at Lahore.

COMPOSITION OF CONSTITUENT ASSEMBLY
• The Constituent Assembly consisted of 385 members of which 292 were elected by the elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States to these were to be added a representative each from the four Chief Commissioners Provinces of Delhi, Ajmer Marwar, Coorg and British Baluchistan.
• Each Province and each Indian State or group of States were allotted the total number of seats proportional to their respective population roughly in the ration of one to a million.
• B. R. Rao was appointed the Constitutional Advisor of the Assembly.
• The first meeting of the Constituent Assembly took place of Dec. 9, 1946 with\Dr. Sachidanand Singal as its interim Presiden, Dr. Rajendra Prasad was elected as it President in Dec, 11, 1947.
• The Assembly framing the Constitution had 13 Committees.
• The all-important Drafting Committee, which bore the responsibility of drafting the Constitutional document during the recess of the Constituent Assembly, from July 1947 to September 1948, was formed on August 29, 1947. Its members were:
1. Dr. B.R. Ambedkar
2. N. Gopalaswami Ayyar
3. K.M. Munshi
4. Syyed Mohd. Saadulla
5. N.Madhav Rao
6. D.P. Khaitan (T Krishnamachari, after Khaitan's Death in 1948)
It was finally passed and accepted on Nov. 26, 1949. The session of the Assembly was held on Jan 24, 1950 which unanimously elected Dr. Rajendra Prasad as the President of India. In all the 284 members of the
Assembly signed the final copies of the Indian Constitution which came into effect on Jan 26, 1950) known and celebrated as the public Day of India.

BORROWED FEATURES OF CONSTITUTION
FROM
FEATURES
• Nominal Head - President (like Queen)
• Cabinet System of Ministers
• Post of Prime Minister
United KINGDOM
• Parliamentary Type of Govt.
• Bicameral Parliament
• Lower House more powerful
• Council of Ministers responsible to Lower House
• Speaker in Lok Sabha
• Written Constitution
• Executive head of state known as President and his being the Supreme Commander
of the Armed Forces
• Vice- President as the ex-officio Chairman of Rajya Sabha
UNITED STATES
• Fundamental Rights
• Supreme Court
• Provision of States
• Independence of Judiciary and judicial review
• Preamble
• Removal of Supreme court and High court Judges
USSR
• Fundamental Duties
• Five year Plan
• Concurrent list
AUSTRALIA
• Language of the preamble
• Provision regarding trade of commerce
JAPAN
• Law on which the Supreme Court functions
GERMANY
• Suspension of Fundamental Rights during the emergency
• Scheme of federation with a strong centre
CANADA
• Distribution of powers between centre and the states and placing. Residuary Powers
with the center
• Concept of Directive Principles of States Policy (lreland borrowed if from SPAIN)
IRELAND
• Method of election of President
• Nomination of members in the Rajya Sabha by the President

SOME SPECIAL FEATURES OF THE INDIAN CONSTITUTION
• The Constitution of India is the lengthiest and the most comprehensive of all the written Constitutions of the World.
• Originally the Constitution consisted of 395 Articles divided into 22 parts and 8 Schedules.
• Now it consists of about 448 Articles divided into 22 parts and 12 Schedules.
• Unlike the federal Constitutions of the USA and Australia the Indian Constitution lays down provisions relating to the Governmental machinery not only in the Centre but also in the States.
• The Indian Constitution provides for matters of administrative detail. The Constitution contains detailed provisions relating to Centre-State relations including the emergency provisions.
• Special status has been given to Jammu & Kashmir and some other states such as Nagaland Mizoram Assam, Gujarat etc.
• Under the Constitution, the people of India are the ultimate sovereign.
• The Constitution of India establishes a parliamentary form of Government both at the Centre and in the States.
• The Indian Constitution, though written, is sufficiently flexible.
• The Constitution declares certain Fundamental Rights of the individual.
• It is a unique feature of the Indian Constitution that it makes the citizens' duties a part of the basic law of the land.
• One of the most important and unique features of the Indian Constitution is the provisions of Directive Principles of State Policy to secure truly welfare State.
• The Indian Constitution distributes the legislative subjects on which the Parliament and State Legislature can enact laws under three lists viz. Union List, State List and Concurrent List.
• The Indian Constitution unlike other federal Constitutions provides for a single unified judiciary with the Supreme Court at the apex, the High Courts in the middle and the Subordinate Courts at the bottom.
• There are provisions in the Constitution to ensure independence of judiciary.
• The Constitution of India has adopted a balance between the American system of Judicial Supremacy add the Brtish principle of Parliamentary Supremacy.
• The most remarkable feature of the Indian Constitution is that being a federal Constitution it acquires a unitary character during the time  of emergency.
• Under the Indian Constitution every adult above 18 years of age has been given the right to elect representatives for the legislature without prescribing any qualification based either on sex, property, education or the like.
• A distinctive feature of the Indian Constitution is that it provides for the establishment of a Secular State. Regardless of their religious beliefs, all Indian citizens enjoy equal rights.
• The State cannot discriminate against anyone on the ground of religion or caste, nor can it compel anybody to pay taxes for the support of any particular religion.
• The Indian Constitution has special reservation of seats for the Scheduled Castes and Tribes in public appointments and in educational institutions and in the Union and State Legislatures.
• An outstanding feature of the Constitution is Panchayati Raj. The idea for organizing village Panchayats was provided in the Constitution under Article 40 of Part IV which received Constitutional legitimacy through the 73rd Amendment to the Indian Constitution.

PREAMBLE OF INDIA
• The Indian Constitution starts with the preamble which outlines the main objectives of the Constitution. It reads:
• WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure 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 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 HIS CONSTITUTION.
• Idea of preamble borrowed from Constitution of US.
• The words 'SOCIALIST', 'SECULAR' and 'UNITY' & 'INTEGRITY' were added by the 42nd Amendment in 1976.
• Preamble is not justifiable.
Sovereign
• The word 'Sovereign' emphasizes that there is no authority outside India on which the country is in any way dependent.
Socialist
• By the word 'Socialist', the Constitution means the achievement of socialistic pattern of society through democratic means.
Secular
• That India is a 'Secular State' does not mean that India is non-religious or irreligious, or anti- religious but simply that the state in itself is not religious and follow the ancient Indian principle of Sarva Dharma Samabhav.
• It also means that the State shall not discriminate against the citizens in any way on the basis of rejigion. Democratic
• The term 'Democratic' means that the rulers elected by the people only, have the authority to run the Government.
Republic
• The word 'Republic' means that there exists no hereditary ruler in India and all the Authorities of the State are directly or indirectly elected by the people.



THE PREAMBLE STATES THAT THE OBJECTIVES TO BE SECURED TO EVERY CITIZEN ARE
1. Justice: Social, Economic and Political.
• Social justice is ensured by abolishing any title of honour (Art. 18) and untouchability (Art. 17),economic justice is guaranteed primarily through the Directive Principles.
2. Liberty: of thought, expression, belief, faith and worship.
• The Indian Constitution guarantees six democratic freedoms to individuals under Art. 19 and right to freedom of religion under Art. 25 Art. 28.
3. Equality: of status, opportunity:
• Our Constitution makes it illegal, any discrimination by the State only on the basis of religion, caste, sex, or place of birth (Art. 15) by throwing open public places to all, by abolishing titles of honour (Art. 18).
• However, to bring the hitherto neglected sections of the society into the National mainstream the Parliament has passed certain laws for the SCs, STs, OBCs (Protective Discrimination).
4. Fraternity:
• Fraternity as enshrined in the Constitution means a sense of brotherhood prevailing amongst all the sections of the people.
• However, fraternity is an evolving process and by the 42nd amendment, the word 'integrity' was added, thus giving it a broader meaning
• KM Ny bsgu terned ut as the Political Horoscope.
• Earnest Barker calls it the Key to the Constitutfon.
• Thakurdas Bhargava recognlzeditas the 'Soul of the Constitution'.
• The term 'Socialistic pattern of society' was adopted as a goal of the Indian State by the Congress in 1955 in Avadi Sessiory.



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