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of Ms. Shobhana Sridhar Menon.

LECTURE 1

1) MEANING OF POLITICS AND GOVERNANCE


2) MEANING OF and NEED FOR A CONSTITUTION
WHY DO WE NEED A CONSTITUTION?
3) 3 ORGANS OF STATE
4) HOW TO READ THE CONSTITUTION  In a democracy, the sovereignty (supreme
5) SOURCES OF THE CONSTITUTION power or authority) vests in the people and
ideally people govern themselves.
MEANING OF POLITICS AND GOVERNANCE  However with;
a) Growing population;
 Act or science of governance b) Eventual complexities in
 Art or science of influencing government administration;
policy c) Large size of the state;
WHAT IS POLITY? Exercising democracy will be unfeasible.
 A Political organisation  The central idea is to limit the power of the
 A form of government eg: Anand, Mumbai, government.
India  Without the Constitution, the majority will
HOW IS POLITY GOVERNED? exploit the privileges granted to them while
the unprotected minority will resort to extra –
 With a Constitution constitutional measures to regain power
SO, WHAT IS A CONSTITUTION? thus resulting in total chaos.
 In short, a Constitution establishes the main
 The fundamental law, written or unwritten organs of state
that establishes the character of the 1. THE LEGISLATURE
government. 2. THE EXECUTIVE
3. THE JUDICIARY
HOW DOES IT ESTABLISH A GOVERNMENT’s
CHARACTER?
 Please note the Indian Constitution is the
 By defining basic principles to which a LENGTHIEST WRITTEN CONSTITUTION
society must conform IN THE WORLD
 By describing the organization of
government
 By regulating, distributing and limiting
functions of different government
departments and;
 By prescribing extent and manner of
exercise of its sovereign powers
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JUDICIARY
LEGISLATURE
EXECUTIVE (IMPLEMENTS LAWS) (CHECKS CONSTITUTIONAL
(MAKES LAWS)
VALIDITY OF THE LAW)
•LOK SABHA (House of the People) • PRESIDENT • SUPREME COURT OF INDIA
•Min Prescribed Age: 25 • Guarantor of Fundamental RIghts
• Citizen of India
•TENURE OF LOK SABHA MP: 5 Years • Guardians of the Indian
but the House maybe dissolved by • 35 Years
Constitution
the President before completion of 5 • Must be qualified for • Maximum strength: 31 (Including
years. election as a member to the Chief Justice of India)
•MAXIMUM STRENGTH: 552 Lok Sabha • Appointed by the President of
•States: 530
• Holds Office for 5 years. India
•UT: 20
• Is sworn in to Office by the • Resign to the President of India
•Anglo - Indians appointed by
President of India: 2 Chief Justice of India • Oath of CJI is administered by
President of India
• Resigns to Vice President
• CURRENT STRENGTH: 545
• Other SC Judges are administered
• Can be impeached by either oath by Chief Justice of India
•States: 530 House of the Parliament
•UT: 13 (7 seats for NCT Delhi and 1
seat each of 6 other UTs) • HIGH COURT OF INDIA
•Anglo Indians appointed by • VICE PRESIDENT OF INDIA •24 High Courts in India
President of India: 2 • Citizen of India • Appointed by the President of
India in consultation with Chief
• 35 Years Justice of India and Governor of
•RAJYA SABHA (House of States)
• Must be qualified for State
•Min Prescribed Age: 30
election as member of the • Resigns to the President
•TENURE OF RAJYA SABHA MP: 6 Rajya Sabha • Oath is administered by Governor
Years with 1/3rd retiring ever 2 years. • Ex - Officio Chairman of of that State
Rajya Sabha • Bombay High Court- has
•MAXIMUM STRENGTH: 250 jurisdiction over Maharashtra,
• Oath of Office is
•States and UT: 238 Dadar and Nagar Haveli, Daman,
administered by the Diu and Goa.
• Nominated by the President of India: President of India
12 • Kolkata High Court- has
• Resigns to the President of jurisdiction over West Bengal and
•CURRENT STRENGTH - 245 India Andaman & Nicobar Islands.
•States : 229 • Madras High Court- has
jurisdiction over Tamil Nadu and
•UT: 4 (3 seats for NCT Delhi and 1 • COUNCIL OF MINISTERS Pondicherry.
for Puducherry) • Headed by the Prime
•Nominated by the President of India • Guwahati High Court- has
: 12
Minister jurisdiction over Assam, Nagaland,
• Appointed by the President Mizoram and Arunachal Pradesh.
•* Note: RAJYA SABHA IS A
PERMANENT HOUSE AND CAN of India • Kerala High Court- has jurisdiction
NEVER BE DISSOLVED. over Kerala and Lakshadweep
• Principle of Collective Islands.
Responsibility: Responsible • Punjab & Haryana High Court- has
•STATE LEGISLATURE to the Lok Sabha
•22 STATES have Unicameral jurisdiction over Punjab, Haryana
Legislature i.e. they only comprise of • Comprise of the Cabinet and Chandigarh.
the Governor and the Vidhan Sabha. (Most important Ministries), • High Court of Judicature at
•7 STATES Have Bicameral Legislature Minister of State Hyderabad- has jurisdiction over
i.e. they comprise of the Governor, (Independent Charge), Andra Pradesh and Telangana.
Vidhan Parishad (Upper House) and Minister of State, Deputy
Vidhan Sabha (Popular House) i.e. Minister. • DISTRICT COURTS , PANCHAYAT
Andhra Pradesh, Telangana, Uttar COURTS, GRAM NYAYALAY,
Pradesh, Bihar, Maharashtra, CONSUMER COURTS, LOK ADALAT
Karnataka and J&K. etc
• 2 Union Territories of NCT Delhi and
Puducherry
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HOW TO READ THE INDIAN CONSTITUTION? Please Note: It is important the Articles are read
correctly.
Constitution
Thus, the information provided in the table previously
would be read as Part 1, Article 1, Clause 1, Sub
PARTS
Originally had 22 Parts as on November 26th, 1949 Clause 1 which states that India i.e. Bharat shall be a
Union of States.
PART I : The Union and its territory
PART II: Citizenship Please Note: There is a difference in reading small
PART III: Fundamental Rights letter and capital letters in the Constitution. Article 51 (a)
PART IV: Directive Principles of State Policy
PART IV – A: Fundamental Duties
should be read as ‘Article Fifty One Sub Claus (a)’
PART V: The Union Government so on and so forth promote international peace and security.
But Article 51 – A should be read as ‘Article Fifty One –
Till PART XXII A’ which is a separate article by itself which states the
Fundamental Duties.
CHANGES MADE IN PARTS OF THE IC
PART DESCRIPTION STATUS AMENDMENT
Part VII Part B – 70 DELETED 7TH
Presently there are 465 Articles in the Indian
Princely States by AMENDMENT, Constitution.
1956
Part IV – A Fundamental ADDED 42ND SCHEDULES: Contains information that is tabulated or
Duties by AMENDMENT, listed which is complementary to the relevant Article.
1976
Part XIV – A Tribunals ADDED 42ND
by AMENDMENT,
For eg: Schedule 1 covers Articles 1 to 4 listing Names
1976 of the States and their Territorial Jurisdiction and
Part IX – A The ADDED 74TH Names of the Union Territories and their extent.
Municipalities by AMENDMENT, Schedule 2: Provisions relating to emoluments,
1992 allowances, privileges and so on of: The President of
Part IX – B The Cooperative ADDED 97TH India, The Governors of States, The Speaker and Dy.
Societies by AMENDMENT,
2011
Speaker of the Lok Sabha, The Chairman and the Dy.
Chairman of the Rajya Sabha, Judges etc
So presently, there are 25 Parts to the Indian Constitution.
And the complementary articles were:
59 – Conditions of President’s Office
ARTICLES 65 – The Vice – President to act as President or to
Originally had 395 Articles as on November 26th, 1949
discharge his functions during casual vacancies in
PART SUBJECT ARTICLES COVERED the office, or during the absence, of President.
MATTER 75 – Other Provisions as to Ministers
I 1. The 1 (1) India i.e. Bharat shall be a 164 – Same but for Ministers of State Legislatures
Union and Union of States 97 – Salaries and allowances of the Chairman and
its Territory 1 (2) The States and the territories Deputy Chairman and the Speaker and Deputy
thereof shall be as specified in
the First Schedule. Speaker
1 (3) The territory of India shall 186 – Same but for State Legislatures
comprise – 125 – Salaries etc of Judges (Supreme Court)
(a) the territories of the States; 221 – Salaries etc of Judges (High Court)
(b) the Union territories specified 148 – Comptroller and Auditor – General of India,
in the First Schedule; and 158 – Conditions of Governor’s Office
(c) such other territories as may be
acquired.
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ADDITION OF SCHEDULES after election made illegal


Originally there were 8 Schedules and presently 61 Voting age reduced from 21 1989
there are 12. to 18.
73 Introduction of Panchayati 1993
ADDITION OF SCHEDULES Raj, addition of Part IX to
SCHEDULE DESCRIPTION CREATED BY the Constitution.
IX Laws related Land Reforms 1ST 74 Introduction of 1993
AMENDMENT, Nagarpalikas and
1951 Municipalities.
X Provisions of Disqualification of 52ND 86 Free and compulsory 2002
MPs due to defection. Also AMENDMENT, education to children
called Anti – Defection Law. 1985 between 6 and 14 years.
XI Specifies Powers, 73RD 92 Bodo, Dogri, Santhali and 2003
responsibilities and authority AMENDMENT, Maithli added to the list of
and list of subjects covered 1992 recognised languages.
under Panchayats Service Tax introduced.
XII Specifies powers, 74TH 97 Introduction of Part IXB in 2012
responsibilities and authority AMENDMENT, the Constitution pertaining
and list of subjects covered 1992
to Co-operative Societies
under Municipalities
99 Establishment of NJAC 2014
(Repealed)
AMENDMENTS IN THE CONSTITUTION: 100 Ratification of land 2015
There have been so far 101 Amendments (changes boundary agreement
made to the Constitution) so far. between Indian and
Bangladesh
IMPORTANT AMENDMENTS IN THE CONSTITUTION 101 Introduction of GST 2016
AMENDMENT IMPORTANCE YEAR
7 Reorganisation of states on 1956
linguistic basis and
abolition of Class A, B, C
and D states and
introduction of Union
Territories.
10 Dadra, Nagar and Haveli 1960
included in Indian Union as
a Union Territory on
acquisition from Portugal.
12 Goa, Daman and Diu 1960
includedas a Union
Territory on acquisition
from Portugal.
14 Pondicherry incorporated 1962
into Indian Union after
transfer by France
26 Privy purse paid to former 1971
rulers of princely states
abolished.
42 Fundamental Duties 1976
prescribed, India became
Socialist Secular Republic.
44 Defection to another party 1985

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