An Introduction

IS INDIA A NATION ?

NATION: a large body of people united by common descent, history, culture, or language, inhabiting a particular state or territory (Oxford Dictionary)

In India we have..

No. of religions Diverse physical features - Dry deserts, Evergreen forests, Fertile plains No. of languages (200) and dialects (1400) No uniform civil code Diversity of clothing and attire Diversity in food habits Numerous tribal cultures

Emergence of a Nation - Freedom Struggle

Revolt of 1857 Phase of Moderates Gandhijis entry Extremist forces Second World War Partition Independence

A legal document for governance.. THE CONSTITUTION

Constitution of India - The Making

Cabinet Mission Plan Constituent Assembly constituted in Nov, 1946 Drafting Committee (Chairman: B R Ambedkar) 2 years, 11 months, 18 days

CAME INTO EFFECT: 26th Jan, 1950 British India + Princely States

IS THE CONSTITUENT ASSEMBLY TRULY REPRESENTATIVE ?? (British India: 296 seats Princely States: 93 seats)

Features of the Constitution

Longest written Constitution in the world

395 Articles (450), 22 Parts (24), 8 Schedules (12)

Fundamental Rights Directive Principles of State Policy Federal System with Unitary Bias Parliamentary form of Government Synthesis of Parliamentary Sovereignty & Judicial Supremacy Universal Adult Franchise

Largely a borrowed Constitution!!!

British Constitution Parliamentary Government, Legislative Procedure, Bicameralism

US Constitution Fundamental Rights, Independent Judiciary

Irish Constitution Method of election of President, DPSPs

South African Constitution Procedure for Amendment of Constitution

AN INTELLIGENT ACT OF POLITICAL ENGINEERING

Canada, USSR, Japan, Australia, France etc.

Nature of India

Sovereign Socialist Secular Democratic Republic Liberty (of thought, expression, belief, faith) Equality (no privileges to any section) Fraternity

Fundamental Rights

1. 2. 3. 4. 5. 6. FRs are justiciable !!

Right to Equality Right to Freedom Right Against Exploitation Right to Freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies

Directive Principles of State Policy

ideals that the State should keep in mind while formulating policies and enacting laws

Few Examples:

Provide free legal aid to poor

Secure the right to work

Organize village panchayats

Prohibit consumption of intoxicating drinks

Uniform civil code

Protect and improve environment

To promote monuments, places of historic importance

DPSPs are NOT justiciable !!

Fundamental Duties

Added to the Constitution in 1976 Inspired by USSR Mostly found in socialistic nations Few Examples: - Respect national flag and national anthem - Uphold and protect the integrity of India - Safeguard public property - Promote harmony and brotherhood

RIGHTS NEED TO BE BALANCED WITH DUTIES

Organs of Union Government

Legislature

Parliament consists of President & 2 Houses: Lok Sabha Rajya Sabha Powers & Functions of Parliament Makes laws (for whole of India) Executive is responsible to Parliament Financial Powers Constituent Powers Judicial Powers

Legislature (contd.)

LOK SABHA House of the People Maximum Strength: 552

(530 from states; 20 from UTs; 2 nominated)

Normal term of 5 years President can dissolve before 5 years Members are directly elected by people Universal Adult Franchise (above 18 yrs) Constituencies readjusted after each Census

(Ban on readjustment till 2026; Current Basis: 2001 census )

15th Loksabha

Total Strength: 540 Half-way Mark: 271

UPA (273) - TMC(19) = 254 Outside support for UPA: 50 = BSP (21) + SP (22) + RJD (4) + JDS (3) CURRENT STRENGTH = 304

Legislature (contd.)

RAJYA SABHA House of States Maximum Strength: 250

(238 from states; 12 nominated by President)

Elected: By elected members of state legislative assemblies Nominated: People with special knowledge in art, literature, science & social service It is a permanent body One-third of its members retire every 2 yrs

Legislature (contd.)

Law-Making Procedure: - Introduction (of the Bill) - General Discussion - Committee Stage - Voting - Majority of members present and voting - Similar procedure in the second house - Presidents assent

Executive

Main function: To execute laws Constitutes Council of Min with PM as head Includes the entire government machinery President is the Constitutional Head of the Executive PM is the Real Head of the Executive President shall act in accordance with the advice rendered by Council of Ministers headed by the Prime Minister

Executive (contd.)

President of India Qualifications: - Citizen of India - Above 35 yrs of age - Should hold NO office of profit - Should be qualified for election as a member of Lok Sabha - Exemptions to office of profit

(Sitting President/Vice-President, Governor, Minister)

Executive (contd.)

Powers of President - Executive Powers - Legislative Powers - Judicial Powers - Financial Powers - Military Powers - Emergency Powers IS THE PRESIDENT REALLY POWERFUL ?

Judiciary

Interprets and validates laws Supreme Court: At the top of an integrated system of judiciary Supreme Court High Courts District Courts Lower Courts Judges of SC appointed by President No. of judges of SC: 31 (30 + 1) Independence of judiciary

Second Tier of Government

STATE GOVERNMENTS - Legislative Assembly (& L. Council) - Some states have bicameral legislatures

( AP, Bihar, J&K, Karnataka, UP, Maharastra)

- Governor President - Chief Minister Prime Minister Role of Governor - Nominee of Central Government - Not elected - No procedure for impeachment

Third Tier of Government

LOCAL GOVERNMENT

Introduced by the 73rd and 74th Constitutional Amendment Acts of 1992

3-Tier Panchayat system for rural areas - Village level - Intermediate level - District level

3 types of Municipalities for urban areas

Nagar Panchayat, Municipal Council and Municipal Corporation

DOES THE THIRD-TIER REALLY EXIST?

Organs of the Government

LEGISLATURE

EXECUTIVE

JUDICIARY

IS THERE AN OVERLAP??