Date: 08-03-2014

Indian Polity - Class 1

The idea for a Constituent Assembly for India was put forward by M.N. Roy (1934) The constitution derives its authority from the People of India The demand for a Constituent Assembly was accepted by the British government in the August Offer of 1940 The Constituent Assembly was formed under the scheme formulated by the Cabinet Mission Plan Total strength of assembly is 389. 296 British India, 93 Princely States The representatives of princely states were nominated by the heads of the princely states The other members were elected indirectly by the members of the provincial assemblies President & VP of Const Assembly Dr. Rajendra Prasad & HC Mukherjee. Constitutional Advisor B.N Rau Objective Resolution passed by Jawaharlal Nehru contained the fundamentals and philosophy of the constitution. Its modified version forms the Preamble of the present constitution The Assembly also acted as a legislative body i.e., enacting ordinary laws alongside framing the constitution Chairman of the Drafting Committee Dr.B.R. Ambedkar (Father of the Indian Constitution) The Const. as adopted on Nov 26, 1949 contained a Preamble, 395 Articles and 8 Schedules Jan 26, 1950 was chosen as the day of commencement of the Const. because its on this day in 1930 the Poorna Swaraj day was celebrated after the Lahore Session of INC. Salient Features of Indian Constitution: 1. Lengthiest Written Const 2. Drawn from various sources 3. Federal System with Unitary features 4. Parliamentary form of Govt 5. Integrated & Independent Judiciary 6. Secular, Socialist Preamble It contains the basic philosophy and fundamental values on which Const., is based. It shows the noble vision of the const and reflects the aspirations of our founding fathers. SC declared that Preamble is part of the Constitution and can be amended in the famous Keshvananda Bharati Case (1973). Preamble has been amended only once (42-A). Preamble can be used for the interpretation of the constitution wherever necessary. Preamble was enacted by the CA after enacting the rest of the constitution. st American Const was the 1 to begin with a Preamble Contents of the Preamble: 1. It states that Const. derives its authority from the people of India 2. It declares India as a Sovereign, Socialist, Secular, Democratic & Republican govt 3. It specifies Justice, Liberty, Equality and Fraternity as objectives Sovereign Possessing Supreme or ultimate power i.e., Independent and no authority is above it Socialist (Added by 42-A) Distribution of wealth evenly by nationalizing all means of production & distribution. India follows Democratic Socialism (i.e., allowing private property or mixed economy). Secular - (Added by 42-A) India follows positive concept of Secularism i.e., The country will support all religions Democratic Possession of Supreme Power by the people. A govt of the people, by the people & for the people. It can be direct or indirect democracy. Republic Democracy can be Monarchial or Republic. In a Republic the Head of the State is elected directly or indirectly for a fixed period. In Monarchy its hereditary. Justice Social, Economic and Political Justice (Obtained through FRs and DPSP). Liberty The state of being free from oppression or absence of restraints on activities of individuals and providing opportunities for development. The preamble secures liberty of thought, expression, belief, faith & worship. Liberty has to be enjoyed within the limitations mentioned. Equality Absence of special privileges to any section of society and providing adequate opportunities for all without discrimination. Equality in social, economic and political spheres. Fraternity Sense of brotherhood. Const., promotes this feeling through single citizenship, All India Service etc. Fraternity assures 2 things 1. Unity and Integrity (42 -A) of the nation 2. Dignity of the Individual GOI Act 1935 Federal Scheme, PSCs | British Parliamentary govt, Rule of Law, Cabinet System, Parliamentary Privileges USA FRs, Independent Judiciary, Judicial Review, Impeachment, Removal of SC & HC Judges, Post of VP | Irish - DPSP, Method of electing President | Canada Federation with strong Centre, Vesting residuary powers with centre, Appointment of governors | Australia Concurrent List, Joint Sitting of 2 houses | Germany Emergency provisions Russia Fundamental Duties and Ideal of Justice in Preamble | French Ideals of Liberty, Equality and Fraternity | South Africa Procedure for Amendment, Election of RS members | Japan Procedure established by Law