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Semester 1: Essentials of Constitution of India
Historical Background; Constituent Assembly; Preamble; Fundamental Rights; Directive Principles; Fundamental Duties; Citizenship
Essentials of Constitution of India
M.A.
Public Administration
1
Periyar University, Salem-636011
Core III Essentials of Constitution of India
Historical Background
The Constitution of India was adopted on January 26, 1950, marking the transition of India from a British colony to a sovereign republic. The historical struggle for independence, involvement of key figures like Mahatma Gandhi, Jawaharlal Nehru, and the influence of the Indian National Congress's resolutions led to the demand for a constitutional framework. The Government of India Act 1935 served as a foundation, and after independence, the Constituent Assembly was established to draft the Constitution.
Constituent Assembly
The Constituent Assembly of India was formed in 1946, consisting of elected representatives from various provinces and princely states. It was tasked with drafting the Constitution. Dr. B.R. Ambedkar was appointed the chairman of the Drafting Committee. The Assembly held extensive debates, discussions, and took into consideration various drafts and suggestions before finalizing the Constitution.
Preamble
The Preamble to the Constitution serves as an introduction and outlines the core values and principles of the Indian state. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and establishes justice, liberty, equality, and fraternity as its fundamental goals.
Fundamental Rights
Fundamental Rights are essential privileges granted to individuals, ensuring their freedom and protection against discrimination. These rights include the right to equality, freedom of speech and expression, protection in respect of conviction for offenses, right to constitutional remedies, and others as enshrined in Part III of the Constitution.
Directive Principles
Directive Principles of State Policy are guidelines for the State in governance, aiming to establish social and economic justice by securing a decent standard of life for all citizens. These principles, although non-justiciable, are fundamental in the governance of the country and encompass a wide range of rights related to education, health, shelter, and economic welfare.
Fundamental Duties
Fundamental Duties were added to the Constitution by the 42nd Amendment in 1976. They define the moral obligations of citizens towards the nation and include duties like respecting the Constitution, promoting harmony, safeguarding public property, and striving towards excellence in all spheres.
Citizenship
Citizenship in India is defined by the Citizenship Act of 1955. It outlines various ways through which one can acquire Indian citizenship, such as birth, descent, registration, and naturalization. Rights and duties of citizens are also integrated within the Constitutional framework, ensuring that citizenship is associated with certain responsibilities towards the nation.
Union Government: President, Vice President, Prime Minister, Cabinet, Parliament, Supreme Court, Judicial Review
Union Government: President, Vice President, Prime Minister, Cabinet, Parliament, Supreme Court, Judicial Review
The President is the head of the state and serves as a symbol of unity and integrity of the nation.
The President has executive powers, legislative powers, judicial powers, and emergency powers.
Elected by an electoral college consisting of the elected members of both houses of Parliament and the elected members of the Legislative Assemblies of States and Union territories.
The Vice President acts as the ex-officio Chairman of the Rajya Sabha and assumes presidential duties when necessary.
Supports the President, with no independent executive powers of their own.
Elected by an electoral college, similar to that of the President, but only from among the members of the Rajya Sabha and Lok Sabha.
The Prime Minister is the head of government and the leader of the executive branch.
Responsible for framing government policies, making decisions, and leading the cabinet.
Appointed by the President, typically the leader of the party with the majority in Lok Sabha.
The Cabinet is composed of the Prime Minister and other ministers responsible for various departments.
The Cabinet advises the President and is collectively responsible to the Lok Sabha.
Ministers are appointed by the President on the advice of the Prime Minister.
Parliament is the supreme legislative body in India, consisting of two houses: Lok Sabha and Rajya Sabha.
Responsible for making laws, discussing issues, and controlling finances.
Parliament meets in three sessions: Budget, Monsoon, and Winter.
The Supreme Court is the highest judicial forum and final court of appeal in India.
Interprets the Constitution, resolves disputes, and can declare laws unconstitutional.
Consists of the Chief Justice and a maximum of 34 other judges.
Judicial review is the power of the court to examine the constitutional validity of legislative acts.
Ensures that the laws passed by Parliament are within the framework of the Constitution.
Protects fundamental rights and maintains the supremacy of the Constitution.
State Government: Governor, Chief Minister, Cabinet, State Legislature, Judicial System, High Courts
State Government
Governor
The Governor serves as the constitutional head of the state. Appointed by the President of India, the Governor plays a crucial role in the formation of the state government, summoning and proroguing the state legislature sessions, and ensuring that the administration runs according to the law. The Governor also has the power to dissolve the state assembly and is involved in the appointment of the Chief Minister and other key officials.
Chief Minister
The Chief Minister is the head of the state government and is responsible for the executive functions of the state. Elected by the majority party or coalition in the state assembly, the Chief Minister leads the Cabinet and coordinates government policies and implementation. The Chief Minister also represents the state in various forums and is pivotal in the allocation of portfolios to ministers.
Cabinet
The Cabinet, led by the Chief Minister, comprises various ministers who are responsible for different departments. The Cabinet formulates policies, implements laws, and ensures the welfare of citizens. Decisions are made collectively, and the Cabinet is accountable to the state legislature.
State Legislature
The state legislature is a bicameral or unicameral body responsible for enacting laws and policies pertinent to the state. It can consist of the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). The legislature has the power to enact laws, control finances, and scrutinize the actions of the executive.
Judicial System
The judicial system in the state operates independently of the executive and legislative branches. It interprets laws, adjudicates disputes, and ensures justice. The structure includes subordinate courts, district courts, and the High Court, each playing a significant role in upholding law and order.
High Courts
High Courts are the highest judicial authority in each state and oversee the functioning of subordinate courts. They have the power to hear appeals, enforce fundamental rights, and provide a check on the legislative and executive powers. Each High Court has original jurisdiction, appellate jurisdiction, and revisional jurisdiction.
Constitutional Bodies: Election Commission, UPSC, State PSC, Finance Commission, CAG, Attorney General; Non-Constitutional Bodies: Planning Commission, NDC, NHRC, SHRC, CIC, SIC, CVC, CBI, Lokpal, Lokayukta
Constitutional and Non-Constitutional Bodies in India
Election Commission of India
The Election Commission is an autonomous constitutional authority responsible for administering election processes in India at both the national and state levels. It ensures free and fair elections in accordance with the Constitution and electoral laws. The Commission is headed by the Chief Election Commissioner and includes other commissioners.
Union Public Service Commission (UPSC)
The UPSC is responsible for conducting various examinations for recruitment to civil services of the government of India. It is a constitutional body established under Article 315 of the Constitution. The UPSC ensures that appointments to civil services are made based on merit.
State Public Service Commissions (State PSCs)
Similar to UPSC at the state level, State PSCs are responsible for conducting examinations for appointments to the services of the state government. Each state has its own PSC as per Article 315 to Article 323 of the Constitution.
Finance Commission
The Finance Commission is constituted by the President of India every five years to recommend the distribution of taxes between the central government and the states. It plays a crucial role in ensuring financial stability and a fair allocation of resources.
Comptroller and Auditor General (CAG)
The CAG is a constitutional authority responsible for auditing government accounts. Appointed by the President of India, the CAG ensures transparency and accountability in the financial operations of the government.
Attorney General of India
The Attorney General is the chief legal advisor to the government of India and has the right to participate in the proceedings of both Houses of Parliament. Appointed under Article 76 of the Constitution, the Attorney General represents the government in legal matters.
Planning Commission
Although no longer in existence, the Planning Commission was established in 1950 to assess and formulate plans for economic development in the country. It was an advisory body and played a crucial role in formulating five-year plans.
National Development Council (NDC)
The NDC was set up to strengthen the cooperative federalism in India, focusing on the development of the nation. It consisted of the Prime Minister, Chief Ministers of states, and members of the Planning Commission.
National Human Rights Commission (NHRC)
The NHRC is a statutory body responsible for the protection and promotion of human rights in India. Established under the Protection of Human Rights Act, it investigates complaints regarding violations of human rights.
State Human Rights Commissions (SHRC)
SHRCs operate at the state level with similar functions as the NHRC, addressing human rights violations within their respective jurisdictions.
Central Information Commission (CIC)
The CIC is a statutory body set up under the Right to Information Act, 2005. It aims to provide a mechanism for the enforcement of the right to information and to promote transparency in governance.
State Information Commissions (SIC)
SICs operate in each state to oversee the implementation of the Right to Information Act at the state level, ensuring information is accessible to citizens.
Central Vigilance Commission (CVC)
The CVC is an apex Indian governmental body created to address governmental corruption. It provides a transparent mechanism for preventing corruption in central government departments.
Central Bureau of Investigation (CBI)
The CBI is the premier investigating agency in India, responsible for investigating complex crimes and corruption cases. It operates under the Ministry of Personnel, Public Grievances and Pensions.
Lokpal and Lokayukta
The Lokpal is an anti-corruption authority in India that investigates allegations of corruption against public officials. Lokayuktas operate at the state level with similar functions.
Indian Federal System; Centre-State Relations; President’s Rule; Constitutional Amendments; Parliamentary System Assessment
Indian Federal System
The Indian federal system is a unique blend of federalism and unitarism. It allows for a division of powers between the central government and state governments. This system is characterized by a strong central authority while allowing states to have certain autonomous powers.
Centre-State Relations
Centre-state relations in India are governed by the Constitution, which outlines the distribution of powers and responsibilities. Key factors influencing these relations include legislative subjects, financial arrangements, and administrative control. The balance between central authority and state autonomy is a recurring theme.
President's Rule
President's Rule refers to the imposition of direct central rule over a state when the state government is unable to function. Article 356 of the Constitution provides the grounds for this action. This intervention can lead to significant changes in the governance and political dynamics of the state.
Constitutional Amendments
Constitutional amendments reflect the evolving nature of the Indian polity. They allow for changes in the distribution of powers, the framework of Centre-State relations, and the overall governance structure. Notable amendments include the 73rd and 74th Amendments, which enhanced local governance.
Parliamentary System Assessment
The parliamentary system in India is characterized by a dual executive, with the President as the nominal head and the Prime Minister as the real head. The relationship between the Centre and states is significantly influenced by this system, impacting policy implementation and administrative functions.
