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Semester 2: Constitution of India
Constitution - Making of the Constitution, Historical Background, Sources, Constituent Assembly, Preamble, Basic structure doctrine
Constitution of India
The Indian Constitution was drafted after extensive discussions and debates, reflecting the aspirations of the people. It was framed between 1946 and 1950, with input from various political leaders and representatives.
The historical context includes the colonial rule in India, the struggle for independence, the influence of various movements, and the need for a legal framework to govern the newly independent nation.
The Constitution of India draws from various sources, including the Government of India Act 1935, British parliamentary systems, the U.S. Constitution, and the Irish Constitution, among others.
The Constituent Assembly was established in 1946 and consisted of elected representatives. It played a crucial role in framing the Constitution, with Dr. B.R. Ambedkar serving as the chairman of the drafting committee.
The Preamble outlines the fundamental values and guiding principles of the Constitution, including justice, liberty, equality, and fraternity. It reflects the aspirations of the people and serves as an introduction to the Constitution.
The Basic Structure Doctrine asserts that certain fundamental features of the Constitution cannot be altered or destroyed by amendments. Key elements include the supremacy of the Constitution, the rule of law, and the separation of powers.
Salient features of Indian Constitution - Fundamental Rights, Fundamental Duties, Directive Principles of State Policy
Fundamental Rights
Fundamental Rights are essential rights guaranteed to all citizens of India. They are enshrined in Part III of the Constitution. These rights include the right to equality (Article 14-18), the right to freedom (Article 19-22), the right against exploitation (Article 23-24), the right to freedom of religion (Article 25-28), cultural and educational rights (Article 29-30), and the right to constitutional remedies (Article 32). They act as a safeguard against any arbitrary action by the state and ensure individual dignity.
Fundamental Duties
Fundamental Duties are enshrined in Article 51A of the Indian Constitution. They were added by the 42nd Amendment in 1976. These duties serve as moral obligations for citizens to promote patriotism and uphold the unity and integrity of the nation. There are 11 duties, including the duty to abide by the Constitution, the duty to promote harmony and fraternity, and the duty to protect the environment.
Directive Principles of State Policy
Directive Principles of State Policy are guidelines for the state to formulate policies and laws. They are enshrined in Part IV of the Constitution. These principles aim to establish social and economic justice and promote the welfare of the people. They cover various areas, including the right to work, education, and public assistance. While they are not justiciable, they are fundamental in the governance of the country and serve as a directive for the state to achieve economic and social democracy.
Union Executive - President, Vice-President, Prime Minister, Council of Ministers
Union Executive - President, Vice-President, Prime Minister, Council of Ministers
President of India
The President is the ceremonial head of state and is regarded as the constitutional authority. The President is elected by an electoral college consisting of the elected members of both houses of Parliament and the elected members of the Legislative Assemblies of the States and Union territories. The President's role includes appointing the Prime Minister, other ministers, and various constitutional authorities. The President acts on the advice of the Council of Ministers but has certain discretionary powers.
Vice-President of India
The Vice-President serves as the ex-officio Chairman of the Rajya Sabha and takes up the role of President in case of a vacancy due to resignation, removal, or death of the President. The Vice-President is elected by an electoral college through a single transferable vote system and is not a member of either house of Parliament during their term. The role primarily includes presiding over the proceedings of the Rajya Sabha and ensuring decorum in the house.
Prime Minister of India
The Prime Minister is the head of government and holds the most significant role in the Union Executive. The Prime Minister is appointed by the President and typically must be a member of the Lok Sabha. The Prime Minister leads the Council of Ministers, represents the government to the President, and is responsible for setting government policy and administration. The Prime Minister can advise the President regarding the appointment of ministers and is accountable to the Parliament.
Council of Ministers
The Council of Ministers is collectively responsible to the Lok Sabha and consists of ministers appointed by the President on the advice of the Prime Minister. It includes Cabinet ministers, Ministers of State, and Deputy Ministers. The Council formulates policies, manages the government, and ensures the implementation of laws and policies. They are responsible for both legislative and executive functions and must maintain the confidence of the Lok Sabha to remain in power.
Union Legislature - Parliament Organisation and Composition - Functions
Union Legislature - Parliament Organisation and Composition - Functions
Structure of the Parliament
The Parliament of India is bicameral, consisting of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Lok Sabha is composed of representatives directly elected by the people, while the Rajya Sabha consists of members elected by the state legislatures and appointed by the President.
Composition of Lok Sabha
The Lok Sabha can have a maximum of 552 members, with 530 representatives from the states, 20 from Union territories, and 2 nominated by the President from the Anglo-Indian community. Members serve a term of five years unless the house is dissolved sooner.
Composition of Rajya Sabha
The Rajya Sabha has a maximum strength of 250 members, of which 238 are elected by the states and Union territories, and 12 are nominated by the President for their expertise in specific fields such as literature, science, art, and social service. Members serve staggered six-year terms.
Functions of the Parliament
The Parliament has several key functions, including law-making, overseeing the executive, controlling finances, and representing the interests of the public. It also has powers to amend the Constitution, declare war, and ratify international treaties.
Legislative Functions
The legislative process involves the introduction of bills, debates, and voting. Bills can be introduced in either house, and must pass through both before being sent to the President for assent.
Executive Functions
Parliament exercises control over the executive by discussing government policies, asking questions, and holding debates. It can also pass votes of no confidence to remove the government.
Financial Functions
All money bills must be introduced in the Lok Sabha. Parliament approves the annual budget, allocates funds for various departments, and ensures proper expenditure of public money.
Representation and Accountability
Parliament represents the diverse voices of Indian society, ensuring that different regions and communities have a voice in governance. Members are accountable to their constituents and can be questioned regarding their actions and decisions.
Union Judiciary - Supreme Court of India composition and jurisdictions - Important Doctrines
Union Judiciary - Supreme Court of India Composition and Jurisdictions - Important Doctrines
Composition of the Supreme Court
The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India. It consists of the Chief Justice of India and a maximum of 33 other judges. The appointment of judges is made by the President of India with consultation from the Chief Justice.
Jurisdiction of the Supreme Court
The Supreme Court has original, appellate, and advisory jurisdictions. Original jurisdiction deals with cases involving the enforcement of fundamental rights or any disputes between states and the center. Appellate jurisdiction pertains to appeals from lower courts, while advisory jurisdiction allows the President to seek the court's opinion on legal questions.
Judicial Review
Judicial review empowers the Supreme Court to invalidate legislative and executive actions if they are unconstitutional. This ensures the supremacy of the Constitution and protects fundamental rights.
Public Interest Litigation (PIL)
PIL allows individuals or groups to file petitions in the Supreme Court for the protection of the public interest. This doctrine has significantly expanded access to justice in India, allowing cases related to human rights, environmental issues, and social justice to be heard.
Doctrine of Precedents
The Supreme Court follows the doctrine of precedents, meaning decisions made by the court are binding on lower courts. This ensures consistency and stability in the legal system.
Doctrine of Separation of Powers
The Supreme Court upholds the doctrine of separation of powers among the three branches of government. This doctrine maintains a system of checks and balances, ensuring that no branch exceeds its authority.
Judicial Activism vs Judicial Restraint
Judicial activism refers to the proactive role of the court in addressing social issues, while judicial restraint emphasizes limited court intervention. The Supreme Court often balances these approaches to adjudicate various cases.
State Executive - Governor, Chief Minister, Council of Ministers
State Executive - Governor, Chief Minister, Council of Ministers
Governor
The Governor is the constitutional head of the state executive. Appointed by the President of India, the Governor's role includes ensuring that the state administration functions within the framework of the Constitution. Key responsibilities include summoning and proroguing the state legislature, giving assent to bills, and overseeing the formation of the council of ministers.
Chief Minister
The Chief Minister is the head of the government in a state. Elected by the majority party or coalition in the state legislative assembly, the Chief Minister plays a crucial role in decision-making and governance. The Chief Minister is responsible for formulating policies, maintaining law and order, and representing the state in various capacities.
Council of Ministers
The Council of Ministers, headed by the Chief Minister, comprises ministers responsible for various departments. They aid in the administration of the state and formulate laws and policies. The council is collectively responsible to the legislature, and its members are accountable for their actions and decisions in their respective portfolios.
State Legislature - State Legislative Assembly and State Legislative Council
Introduction to State Legislature
The State Legislature is a vital component of India's federal structure. It is responsible for making laws at the state level and consists of two houses in some states: the Legislative Assembly and the Legislative Council.
State Legislative Assembly
The State Legislative Assembly, also known as the Vidhan Sabha, is the lower house of the state legislature. Members are directly elected by the people through general elections.
Composition of State Legislative Assembly
The Assembly's strength varies from state to state. It is generally composed of a minimum of 60 and a maximum of 500 members. The Chief Minister and the council of ministers are usually drawn from this house.
Functions of State Legislative Assembly
The Assembly's primary functions include law-making, budget approval, and oversight of the executive. It has the power to introduce and discuss bills.
State Legislative Council
The State Legislative Council, or Vidhan Parishad, is the upper house in bicameral states. Its members are not directly elected but are appointed through various methods.
Composition of State Legislative Council
The Council typically consists of members elected by local authorities, university graduates, teachers, and appointed by the Governor. The maximum size is one-third of the Legislative Assembly.
Functions of State Legislative Council
The Council reviews and suggests amendments to bills passed by the Assembly. It acts as a revising chamber and can delay legislation but cannot ultimately veto it.
Conclusion
Both houses play a crucial role in the functioning of the state government, enabling a system of checks and balances and facilitating representation of various sections of society.
State Judiciary - High Court and Subordinate Courts
State Judiciary - High Court and Subordinate Courts
Introduction to State Judiciary
The State Judiciary in India plays a crucial role in administering justice at the state level. It consists primarily of the High Court and its subordinate courts, which operate within the framework provided by the Constitution of India.
High Court
The High Court is the highest judicial authority in a state. It has supervisory jurisdiction over the subordinate courts and hears appeals against their decisions. The High Court also has the power to issue writs for enforcing fundamental rights and for matters of public interest.
Composition of High Court
The High Court is headed by the Chief Justice, along with a number of other judges. The number of judges varies from state to state, depending on the workload and the population of the area.
Jurisdiction of High Court
The jurisdiction of High Courts includes original jurisdiction in certain cases, appellate jurisdiction in civil and criminal matters, and the power to issue writs under Article 226 of the Constitution.
Subordinate Courts
Subordinate courts include District Courts, Magistrate Courts, and other lower courts. They function under the supervision of the High Court and deal with a variety of cases, including civil, criminal, family, and revenue matters.
Structure of Subordinate Courts
Subordinate courts are organized in a hierarchical structure, with District Courts at the top of the hierarchy, followed by various Magistrate Courts and Specialized Courts.
Functioning of Subordinate Courts
Subordinate courts are responsible for adjudicating cases based on evidence presented, ensuring justice is served at the grassroots level. They also play a role in mediating disputes and resolving issues before they escalate.
Conclusion
The State Judiciary, comprising the High Court and subordinate courts, is integral to the Indian legal system. It ensures the rule of law and provides a mechanism for the resolution of disputes, safeguarding the rights and liberties of individuals.
Union Territories Organisation and Administration
Union Territories Organisation and Administration
Definition and Overview
Union Territories are regions in India governed directly by the Central Government. Unlike states, they are administered by an administrator appointed by the President of India. Union Territories may have their own legislatures or may be governed by a centrally appointed council of ministers.
Historical Context
The concept of Union Territories emerged post-independence, aimed at managing areas that were not fully integrated or required direct control from the central administration. Examples include the former French territories and areas like Delhi and Chandigarh.
Governance Structure
Union Territories can be broadly categorized into two types: those with legislative assemblies, such as Delhi and Puducherry, which have their own laws and elected representatives, and those without, such as Chandigarh and Andaman and Nicobar Islands, which are governed by the Central Government.
Legislation and Law-making
In Union Territories with legislative assemblies, laws can be passed by the assembly and must receive assent from the President. In contrast, law-making in those without assemblies is solely through Central legislation, making the governance more unified.
Recent Developments
The reorganization of Jammu and Kashmir into two Union Territories in 2019 marked a significant shift in the political landscape of India. This change has brought focus on the administrative challenges and developmental needs of Union Territories.
Challenges in Administration
Union Territories often face unique challenges including issues of representation, development disparity, and administrative inefficiencies. The dependence on Central Government resources can lead to underdevelopment in some regions.
Role in Federal Structure
Union Territories play a vital role in the Indian federal structure by bridging gaps between states and direct central administration. They serve as a testbed for governance models and decentralization efforts.
Local Government - Panchayat raj system with 73rd and Urban Local Self Government with 74th Amendment, Emergency Provisions, Amendment Procedure
Introduction to Local Government in India
Local government in India refers to the system through which local self-governance is administered. It has a constitutional basis and plays a critical role in promoting democratic participation and development.
Panchayat Raj System and the 73rd Amendment
The Panchayat Raj System was established through the 73rd Amendment to the Constitution in 1992. This amendment aimed to enhance democratic decentralization in rural areas. It provides a three-tier structure consisting of the Gram Panchayat at the village level, the Panchayat Samiti at the block level, and the Zilla Parishad at the district level.
Urban Local Self Government and the 74th Amendment
The 74th Amendment to the Constitution, enacted in 1992, introduced a framework for urban local government in India. It aims to promote self-governance in urban areas and establishes two main types of urban local bodies: Municipalities and Municipal Corporations.
Emergency Provisions
Emergency provisions are detailed in Part XVIII of the Constitution, outlining the circumstances under which the President can impose a national emergency. These provisions allow for the central government to assume greater control over states, impacting local governance.
Amendment Procedure in the Context of Local Government
The amendment procedures for the Constitution, particularly for the 73rd and 74th Amendments, involve proposals requiring a simple majority in Parliament. Additionally, the states must also ratify the amendments as they pertain to local governance.
Significance of Local Government
Local governments play a vital role in promoting grassroots democracy, improving public administration, and ensuring that the needs of local populations are addressed effectively. They facilitate participation in governance and empower communities.
