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B.A 1st Sem Understanding India Unit 3 Main Currents of Indian National Movement
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Unit 3 Main Currents of Indian National Movement
1. Examine the nature of the Indian Constitution.
Ans: The Indian Constitution is one of the written constitutions in the world. So, we should have an understanding of the nature of the Constitution. What level should we give to our Constitution, whether it is federal, unitary, or quasi-federal?
Some people call it federal, some unitary, and some quasi federal. It is always a matter of debate, what is the real nature of our Constitution. So, to understand the nature of the Constitution we shall discuss all the features one by one.
Federal features of the Indian Constitution:
Distribution of power: One of the most essential features of the federal Constitution is the distribution of power. Between the center and the state. Both the governments are independent in their domains.
Supremacy of the Constitution: It is also one of the essential features of the federal Constitution. The Constitution is the supreme authority in the federal form of government, this means the Constitution should be binding on the center as well as state government.
Written constitution: To maintain the supremacy of the consti-tution it is indispensable to have a penned Constitution. In the fed-eral government, it is not possible to count on the understanding and convention that could be created by misinterpreting and conflict between the center and the state.
Rigidity: This feature is very meaningful for retaining the supremacy of the Constitution. It simply means those features of the constitution deal with the status and power of the federal government, cannot be amended easily, and those provisions of the Constitution do not concern the federal system, can be amended easily.
Authority of the court: This is also one of the essential features of the federal Constitution. Whenever there is a conflict between the states and the center regarding the jurisdiction of powers, the court comes in to make them ultra vires on the ground of excess power.
We have discussed the essential factors of a federal Constitution, which have been mentioned above, present in the Indian Constitution.
Unitary features of the Constitution: Various features in the Indian Constitution show that the Indian constitution is unitary.
Some of them are listed below:
Article 1 of the Constitution describes India as a ‘union of States’, which means India is a union of various states, and they cannot separate themselves from the union.
There is a concept of a single Constitution for the union as well as for the states. The States do not have their separate constitutions and states cannot separate themselves from the union.
There is a provision for single citizenship in the Constitution for the whole of India. Every citizen of India has equal rights no matter from which state he belongs. There is no provision for separate state citizenship in the Constitution.
In India, the center has been given the authority to alter the boundaries of any state and can make one state out of the other. The center can also change the name of any state. A recent example related to the alteration of the boundary of the state is Andhra Pradesh and Telangana, where Telangana was carved out from Andhra Pradesh.
As we all know the Indian Constitution is designed to work as a federal government in normal times, but at the time of emergency, it works as a unitary government. The powers have been given to the President to declare an emergency in either any part of India or the whole of India.
All the features that have been mentioned above show the uni. tary nature of the Indian constitution.
Indian Constitution as Quasi federal:
It is often a matter of discussion whether the Indian constitution is federal or unitary.
According to K.C. Where, in practice, the constitution of India is quasi-federal and not strictly federal.
The words ‘quasi’ means looks like so quasi-federal means looks like federal but in the true sense, it is not completely federal. Quasi-federal refers to a system of government where the distribution of power between the center and the state is not equal. It is a federation with strong center machinery referred to as a quasi-federal state. The Constitution of India has not described India as a federation. On the other hand, it describes India as a union of States.
From the above discussion, it can be understood that the Indian constitution is a harmonious mixture of both unitary and federal features of the government.
In the words of D.D. Basu, the Constitution of India is neither purely federal nor unitary, but it is a combination of both.
The makers of the constitution tried to establish a harmonious balance between the center and the state. Hence Dr. K.C. It rightly said that ” The Indian constitution establishes, indeed a system of government which is as the most quasi-federal, almost devolution-ary; a unitary state with subsidiary federal features rather than a federal state with unitary features.”
2. Examine the salient features of the Indian Constitution.
Ans: 1. Lengthiest Written Constitution:
There are two types of constitutions: written (like the American Constitution) and unwritten (like the British Constitution). The Indian Constitution holds the title of being the world’s longest and most comprehensive constitution to date. In other words, of all the written constitutions in the world, the Indian Constitution is the longest. It is an extremely thorough, intricate, and extensive document.
2. Drawn from Various Sources:
The majority of the provisions of the Indian Constitution were taken from other nations’ constitutions as well as from the Government of India Act of 1935 (about 250 of the Act’s provisions were included in the Constitution). Dr. B. R. Ambedkar proclaimed with pride that the Indian Constitution was drafted after “ransacking all known Constitutions of the world.”
The Government of India Act of 1935 served as the foundation for a substantial portion of the Constitution’s structural provisions. The Irish and American Constitutions, respectively, served as models for the philosophical sections of the Constitution (the Fundamental Rights and the Directive Principles of State Policy). The British Constitution served as a major inspiration for the political portion of the American Constitution, including the notion of Cabi-net administration and the relationships between the executive and legislative.
3. Blend of Rigidity and Flexibility:
There are two types of constitutions: stiff and flexible. A rigid constitution, like the American Constitution, is one that must be amended through a certain process. A flexible constitution, like the British Constitution for instance, is one that can be changed in the same way that regular laws are produced. The Indian Constitution is a special illustration of how rigidity and flexibility may coexist. A constitution’s amendment process determines whether it is rigid or flexible.
4. Federal System with Unitary Bias:
A federal structure of governance is established under the Indian Constitution. Every characteristic of a federation is present, including two governments, a division of powers, a written constitution, the supremacy of the Constitution, its rigour, an independent judi-ciary, and bicameralism. K C Wheare has alternately defined the Indian Constitution as “federal in form but unitary in spirit” and “quasi-federal”.
5. Parliamentary Form of Government:
The British Parliamentary System of Government has been chosen by the Indian Constitution above the American Presidential System of Government. The presidential system is founded on the notion of the separation of powers between the two organs, whereas the parliamentary system is based on the idea of cooperation and coordination between the legislative and executive organs. The Westminster model of governance, responsible government, and cabinet government are other names for the parliamentary system.
The parliamentary system is established by the Constitution both at the Center and in the States. It is known as a “Prime Ministerial Government” since the prime minister’s position has grown so im-portant in parliamentary systems.
6. Synthesis of Parliamentary Sovereignty & Judicial Supremacy:
The British Parliament is linked to the theory of parliamentary sovereignty, while the American Supreme Court is linked to the doctrine of judicial supremacy. The Indian Supreme Court has less judicial review authority than the US Supreme Court, much as how the Indian parliamentary system varies from the British one. This is so that it can be contrasted with the Indian Constitution’s “proce-dure established by law” and the American Constitution’s guarantee of “due process of law” (Article 21).
7. Rule of Law:
This axiom states that men are not infallible and that hence people are ruled by law rather than men. The statement is essential to a democracy. The notion that the rule of law is supreme in a democracy is more significant. The main component of law is cus-tom, which is nothing more than the ordinary people’s ingrained behaviors and beliefs over a lengthy period of time. Rule of law, in the end, refers to the supremacy of the collective knowledge of the people.
8. Integrated and Independent Judiciary:
A single, integrated judicial system exists in India. The Indian Constitution also establishes an independent judiciary by preventing the legislature and government from having any influence over it. The supreme court of the legal system is known as the Supreme Court.
The state-level High Courts are superior courts to the Supreme Court. District courts and other lower courts fall within the high court’s hierarchy of subordinate courts. As the highest court of appeal, the protector of people’ basic rights, and steward of the Constitution, the Supreme Court is a federal court. As a result, the Constitution contains a number of safeguards that guarantee its independence.
9. Fundamental Rights:
Six Fundamental Rights are guaranteed to all citizens of India under Part III of the constitution. One of the key components of the Indian Constitution is the guarantee of fundamental rights. The fundamental tenet of the Constitution is that everyone has a right to certain freedoms as a fellow human being, and that the exercise of those freedoms is independent of majority or minority opinion. Such rights cannot be revoked by a majority. The purpose of the funda-mental rights is to further the notion of democratic democracy.
10. Directive Principles of State Policy:
The Directive Principles of State Policy is a “new aspect,” in Dr. B. R. Ambedkar’s words, of the Indian Constitution. They are listed in the Constitution’s Part IV. For the sake of ensuring social and economic justice for our citizens, the Directive Principles were in-corporated into our Constitution.
According to Directive Principles, money will not be concentrated in the hands of a small number of people under India’s welfare state. They are inherently not justiciable. The Indian Constitution is established on the foundations of the balance between the Fundamental Rights and the Directive Principles, the Supreme Court ruled in the Minerva Mills case (1980).
11. Fundamental Duties:
The fundamental obligations of citizens were not outlined in the original constitution. The Swaran Singh Committee’s suggestion led to the 42nd Amendment Act of 1976, which introduced Fundamental Duties to our Constitution. It outlines a list of ten Fundamental Duties that all Indian people must uphold. One more essential ob-ligation was later added by the 86th Constitutional Amendment Act of 2002. While the duties are expectations placed on every citizen, the rights are offered to the people as guarantees.
12. Indian Secularism:
India’s Constitution upholds a secular government. As a result, it does not support a specific religion as the state’s official religion in India. The idea seeks to create a secular state. This does not imply that the Indian government is hostile to religion. The Indian consti-tution exemplifies secularism, which is the practice of treating all religions equally or providing equal protection for all of them.
13. Universal Adult Franchise:
One person, one vote is the foundation upon which Indian democracy is based. Elections are open to all Indian citizens who are 18 years old or older, regardless of caste, sex, colour, religion, or status. The mechanism of the universal adult franchise set forth in the Indian Constitution establishes political equality in India.
14. Single Citizenship:
As is the case in the USA, citizens of federal states typically have dual citizenship. There is just one citizenship in India. It im-plies that every Indian is a citizen of India, regardless of where they were born or where they currently reside. He or she may be a resident of a Constituent State like Jharkhand, Uttaranchal, or Chhattisgarh, but they are not a citizen of that state; instead, they are a citizen of India. All Indian citizens have equal access to em-ployment opportunities throughout the nation and to all of India’s rights.
15. Independent Bodies:
The Indian Constitution establishes a number of independent entities in addition to the legislative, executive, and judicial branches of the federal and state governments. The Constitution views them as the cornerstones of India’s democratic system of government.
16. Emergency Provisions:
The authors of the Constitution anticipated that there might be circumstances in which the government could not function as it does in normal circumstances. The Constitution elaborates on emergency provisions to deal with such circumstances. During a crisis, the state governments take complete control of the federal government, which gains absolute authority.
17. Three-Tier Government:
The Indian Constitution originally called for a dual polity and included clauses describing the structure and authority of the Centre and the States. Later, a third level of governance (local government), which is absent from all other international constitutions, was added by the 73rd and 74th Constitutional Amendment Acts (1992).
By adding a new Part IX and a new Schedule 11 to the Consti-tution, the 73rd Amendment Act of 1992 gave the panchayats (rural local governments) formal status. Similar to this, the 74th Amendment Act of 1992 provided urban local governments (municipalities) official recognition by introducing a new Part IX-A and Schedule 12 to the Constitution.
18. Co-operative Societies:
The 97th Constitutional Amendment Act of 2011 granted cooperative societies a constitutional status and provided for their protection. It gives the Parliament the authority to create the necessary laws regarding multi-state cooperative societies, and it gives state legislatures the authority to do the same for other cooperative societies.
3. Write about the Power and Functions of Indian Parliament?
Ans: The Parliament of India is a bi-cameral legislature. It consists of two houses Rajyasabha & Lok Sabha and the President of India. Parliament makes law with the help of both its chambers. Laws passed by the parliament and approved by the president are enforced in the whole country.
Its powers and functions can be classified in to following heads:
(1) Legislative powers.
(2) Executive powers.
(3) Financial powers.
(4) Constituent powers.
(5) Judicial powers.
(6) Electoral powers.
(7) Other powers.
(1) Legislative Powers: All the subjects in our constitution are divided among state, union and concurrent lists. In concurrent list Parliamentary law is overriding than state legislative law.
Constitution also have powers to make law with respect to state legislature in following circumstances:
(i) When Rajya Sabha passes a resolution to that effect.
(ii) When a national emergency is under operation.
(iii) When two or more states request parliament to do so.
(iv) When necessary to give effect to international agreements, treaties and conventions.
(v) When the President’s rule is in operation.
(2) Executive Powers: According to the parliamentary form of government, the executive is responsible to the parliament for its acts and policies. Hence parliament exercises control by various measures like committees, question hour, zero hour etc. ministers are collectively responsible to the Parliament.
(3) Financial Powers: It includes enactment of budget, scrutinizing the performance of government with respect of financial spending through financial committees (post budgetary control)
(4) Constituent Powers: Example – To amend the constitution, to pass any laws required.
(5) Judicial Powers Includes:
(i) Impeachment of the President for violation of the constitution.
(ii) Removal of judges of the Supreme Court and High court.
(iii) Removal of Vice-President.
(iv) Punish members for breach of privileges like sitting in the house when the member knows he is not an eligible member, serving as member before taking oath etc.
(6) Electoral Powers: It has its participation in the election of President and Vice-President. The members of Lok Sabha elects speaker and deputy speaker from among its members. Similarly members of Rajya Sabha elects deputy chairman.
(7) Other Powers:
(i) To discuss various issues of national and international importance.
(ii) Imposing emergency.
(iii) Increase or decrease area, change names, alter the boundary of the states.
(iv) Create or abolish state legislature etc any powers can be added from time to time.
Article 245 of the constitution declares that parliament may make laws for the whole or any part of the territory of India and a state legislature can make laws for the whole or any part of the state. The Seventh Schedule of the constitution distributes the legislative powers between the centre and the state by putting subjects into Union List, State List and Concurrent List. The centre can make law on any of the subjects in the union list or in the concurrent list. The parliament can override the law of a state on a subject listed in concurrent list.
In addition to these powers, the residuary powers are also vested with the parliament.
The constitution also empowers the Parliament to make law on a state subject in the following circumstances:
(i) When Rajya Sabha passes a resolution supported by two-thirds of the members present and voting.
(ii) When a Proclamation of Emergency is in operation.
(iii) When two or more states make a joint request to the parliament.
(iv) When it is necessary for parliament to implement any international treaty, agreement or convention.
(v) When President’s rule is in operation in the state
Executive Powers and Functions:
In India, political executives are a part of the parliament. Parliament exerts control over the executive through procedural devices such as question hour, zero hour, calling attention motion, adjournment motion, half-an-hour discussion, etc. Members of different political parties are elected/nominated to the parliamentary committees.
Through these committees, the parliament controls the government. Committee on ministerial assurances constituted by parliament seeks to ensure that the assurances made by the ministries to parliament are fulfilled.
Article 75 of the constitution mentions that the council of ministers remains in office as long as it enjoys the confidence of the Lok Sabha. The ministers are responsible to the Lok Sabha individually and collectively. Lok Sabha can remove the council of ministers by passing a no confidence motion in the Lok Sabha:
Apart from that, the Lok Sabha can also express lack of confidence in the government in the following ways:
(i) By not passing a motion of thanks on the President’s inaugural address.
(ii) By rejecting a money bill.
(iii) By passing a censure motion or an adjournment motion.
(iv) By passing a cut motion.
(v) By defeating the government on a vital issue.
These powers of parliament help in making the government responsive and responsible.
Financial Powers and Functions Parliament enjoys the supreme authority in financial matters. The Executive cannot spend any money without parliament’s approval. No tax can be imposed without the authority of law. The government places the budget before the parliament for approval. The passage of the budget means that the parliament has legalised the receipts and expenditure of the government.
The public accounts committee and the Estimates committee keep a watch on the spending of the government. These committees scrutinize the account and bring out the cases of irregular, unauthorised or improper usage in public expenditure.
In this way, parliament exerts budgetary as well as post-budgetary control on the government. If the government fails to spend the granted money in a financial year, the remaining balance is sent back to the Consolidated Fund of India. This is known as the ‘rule of lapse’. This also leads to an increase in expenditure by the end of the financial year.
Judicial Powers and Functions:
judicial powers and functions of the Parliament are mentioned below:
(i) It has the power to impeach the President, the Vice President, the judges of the Supreme Court and the High Court.
(ii) It can also punish its members or outsiders for the breach of privilege or its contempt.
Electoral Powers and Functions:
The electoral powers and functions of the parliament are mentioned below:
(i) The elected members of the parliament (along with state assemblies) participate in the election of the President.
(ii) All the members of the parliament participate in the election of the Vice-President.
(iii) The Lok Sabha elects its Speaker and Deputy Speaker.
(iv) The Rajya Sabha elects its Deputy Chairman.
(v) Members of various parliamentary committees are also elected.
Constituent Powers and Functions:
Only parliament is empowered to initiate any proposal for amendment of the constitution. A bill for amendment can be initiated in either House of Parliament. However, the state legislature can pass a resolution requesting the parliament for the creation or abolition of the legislative council in the state. Based on the resolution, the parliament can make an act for amending the constitution for that purpose.
There are three types of bills for constitution amendment which requires:
(i) Simple Majority: These bills need to be passed by simple majority, that is, a majority of members present and voting in each of the House.
(ii) Special Majority: These bills need to be passed by the majority of the House and two-third of the members present and voting in each of the House.
(iii) Special majority and consent of half of all the state legislatures: These bills are to be passed by the special majority in each house. Along with this, atleast half of the state legislatures should give consent to the bill.
4. Write about the Relationship Between Parliament and Judiciary?
Ans: The Parliament, Executive, and the Judiciary are the three primary organs of the Indian Government. The Parliament heads the legislative branch of governance, it is in charge of formulating laws. The executive enforces the laws made by the legislature and the Judiciary is in charge of conflict resolution and it also acts as the guardian of the Constitution.
The Indian Constitution envisages a delicate principle of limited separation of powers and checks and balances between the three primary organs. Each organ exercises a check on the arbitrary exercise of power by the other organ. This has often had an impact on the relationship between the organs, especially the relationship between the Legislature and the Judiciary which has been evolving over the years with their due share of conflict and compromise.
The policy of checks and balances has often led to tension between the two organs with each of them insisting to prove their points while ultimately agreeing to strike a compromise. We will look into the details of the relationship between the two organs as we proceed.
The Constitutional Relationship between the Legislature and Judiciary.
The legislature and the Judiciary have been guaranteed rights and privileges by the Constitution to ensure their independence.
1. Parliamentary powers and Responsibilities:
The Parliament enacts laws, oversees the functioning of the executive, and acts as the voice of the citizens of the country.
The Parliament is also empowered to make laws for the judiciary, it can determine the organization, jurisdiction, terms of service of the judges. A judge can also be removed by the Parliament on grounds of proven misbehavior and incapacity.
The members of the Parliament also enjoy immunity from judicial proceedings for anything they say or vote on the floor of the House.
Parliamentary procedures are beyond the scope of scrutiny of the judiciary.
No Member of Parliament or the presiding officer can be questioned by the judiciary for any steps taken by them to regulate the business of the House.
2. Judiciary’s Powers and Responsibilities:
The prime responsibility of the Judiciary is to settle disputes and deliver justice.
The Supreme Court is the guardian of the Indian Constitution, it has the authority to declare any law passed by the Legislature as null and void if it contravenes the provisions of the Constitution. This is the power of judicial review of the courts.
Another prime responsibility of the Supreme Court and High Court is to protect the citizens against the violation of Fundamental Rights by issuing writs. A law can be declared null and void if it violates fundamental rights. For example, Section 66A of the Information Technology Act 2000 was struck down as unconstitutional as it violated Article 19 (1) (a) of the Constitution that protects the freedom of speech and expression.
The judiciary can also declare a law invalid if the subject matter of the law is beyond the jurisdiction of the Parliament. (Example, if any central law is formulated regarding public health and sanitation, it can be declared as invalid by the courts as this is a subject of state list.)
The Judiciary has also been guaranteed judicial independence by the Constitution, to render it free from any pressure exercised by the legislature and executive to enable it to try and decide cases without any bias. For example, the conduct of the Supreme Court and High Court judges cannot be discussed in Parliament unless it is for the removal of the judge.
The conditions of service of the judges cannot be altered to their disadvantage during their time of service. A High Court judge can only be removed by the Parliament on grounds of proven misbehavior or incapacity. These conditions ensure that the judges can do their duties effectively without any interference.
Key Areas of the relationship between Parliament and Judiciary.
Limitations on Parliament’s powers to amend the Constitution: Initially the Parliament had the authority to amend every provision of the Constitution including the Fundamental Rights under Article 368 of the Constitution.
However, the Supreme Court through subsequent judgement in the Golak Nath vs State of Punjab case (1967) issued a verdict stating that the Parliament’s powers to amend the constitution are limited and Fundamental Rights cannot be taken away or abridged.
This led to the development of a controversy between the Parliament and the Judiciary regarding the abolition of the Right to Property. During the periods 1967 and 1973, this controversy became very serious. This controversy between the two however was resolved by the verdict of the Kesavananda Bharati case where the Court ruled that the Parliament can amend the Constitution barring the ‘basic structure’, which stands beyond the power of amendment.
The Court also ruled that the Right to property is not a part of the basic structure hence it can be amended by the Parliament. It also stated that it is the discretion of the judiciary to decide whether a particular matter falls in the category of the basic structure or not. This limitation on the amendment power of the legislature posed by the Judiciary defines the relationship of conflict and compromise between the two bodies.
Law making power of the Judiciary: Law making is a function of the Legislature, but even the Judiciary has time and again played a role in the framing of laws by issuing guidelines and directives under Article 32 and 142. In the Vishaka vs State of Rajasthan case, the Supreme Court gave guidelines on how sexual conduct at the workplace could be addressed. In 2016 the Supreme Court also imposed a cess on the registration of diesel vehicles in Delhi.
Supervision over Executive by Parliament and Judiciary: The Parliament supervises and acts as a check against the arbitrary actions undertaken by the executive through the various motions at its disposal. The policies implemented by the executive are also analyzed by the Parliament to determine their intent towards the welfare of the citizens.
The Judiciary also oversees the actions of the executive while deciding on the constitutionality and legality of executive actions. The Supreme Court can also give directions to executive agencies to initiate investigation against corrupt politicians and bureaucrats, for instance, the Hawala Case, the Narasimha Rao case, etc.
Judicial Review over Parliamentary Privileges and Proceedings: The members of the Parliament cannot be held liable for any action undertaken by them on the floor of the House in order to maintain the principle of separation of powers. However, in several decisions, the courts have asserted their power to exercise judicial review over parliamentary proceedings and privileges. For instance, according to the Supreme Court when a speaker disqualifies a member of the Parliament for defection, that can be subject to judicial review as the Speaker is exercising a judicial function.
The legislature and the judiciary share a relationship based on a delicate separation of powers. They have had an evolving relationship of conflict and subsequent compromise over the years, both the organs work towards the development of the interests of the citizens of the country. They are the protector and the voice of the nation, the conflicts between the two have however strengthened the democracy and given a new interpretation to the constitution of India.
5. Write about The Importance of Parliament?
Ans: The legislative wing of a government is headed by the Parliament. It is the pivot of any democratic country, in it rests the interests of the citizens of the country. A Parliament entitles its citizens to participate in the decision-making process of the government and offers them the instrument to control the government. It is a representative institution. Parliaments can be classified as bicameral or unicameral, and as ‘active’ or ‘deliberative’ based on the system of governance in a country.
The Indian Parliament is bicameral in the structure; it consists of the Lok Sabha, Rajya Sabha, and the President of India (Article 79). The Indian Parliament is an articulation of the belief that the people of India have in the principles of democracy. The Parliament in our country has been bestowed with immense powers, as it is the representative of the people.
The Constitution of India has empowered the Parliament of India with several functions in Chapter II of Part V which can be grouped under the following heads:
A. Legislative Functions:
Union List and Concurrent List:
The Parliament has the authority to legislate on all matters mentioned in the Union List and Concurrent List. In the Concurrent List, the matters that involve joint jurisdiction of both the center and the state, the Union law prevails over the State law.
However, the state law may prevail if they have received prior Presidential assent to that law earlier, but the Parliament has the power to amend, repeal any law made by the State legislature.
State List: The Union Parliament can make laws on matters in the state list when an emergency is imposed in a particular state or the state is placed under President’s Rule (Article 356).
The Parliament is also empowered to make laws in the state list if the Rajya Sabha passes a resolution by a 2/3rd majority of members present and voting that a particular matter in the state list is of national interest (Article 249).
It can also make laws on the state list if it is required for the implementation of international treaties with foreign powers (Article 253)
The Parliament can make laws on matters in the state list if the legislatures of two or more states pass a resolution in favor of a matter stated in the state list on which they want parliamentary attention, thereby empowering the Parliament to make laws on the concerned subject. (Article 252).
B. Executive Functions:
In a parliamentary form of governance, the executive is accountable to the legislature and the legislature has also been given many instruments by the constitution through which it can fulfill this duty effectively. No confidence motion: The Parliament can remove a cabinet by expressing a loss of confidence in the government in power. They can do so by rejecting a budget proposal or any bill introduced by the Cabinet.
Adjournment motion: This motion can only be introduced only in the Lok Sabha, and to make the House consider a matter of urgent public importance, it must be ensured that the matter must be definite, factual, urgent and of public importance. It is an extraordinary tool in the hands of the Parliament as it disrupts the normal business of the House.
Censure Motion: A censure motion is initiated only in the Lok Sabha, it is moved to censure the council of ministers for specific policies and actions by the opposition party members of the House. After a censure motion has been moved the government has to seek the confidence of the House.
Cut Motion: This is also a special power that can be used to oppose any demand in a financial bill introduced by the government. It also results in a no-confidence motion where a government is obliged to prove its majority in the lower house failing to do which results in the government resigning from its position of power.
C. Financial Functions:
The parliament of India has also been given a major share of responsibility and power by the constitution. It is the final authority in respect of finances. The executive cannot spend a shelling without prior parliamentary approval.
The Union Budget, which is prepared by the Cabinet, is submitted before the Parliament for its approval.
There are also two important Parliamentary standing committees (Public Accounts Committee and Estimates Committee) who exercise effective control over the executive in respect of the rightful spending of finances allotted by the Parliament.
D. Amending Powers: The Parliament is also granted amending powers under the Constitution (Article 368). Both the Lok Sabha and the Rajya Sabha have equal powers with respect to amending the Constitution of India. An amendment proposal initiated in one house should be passed by the other House as well to be effective.
E. Electoral Powers: The Parliament takes part in the election process of the President and the Vice President, the Electoral College consists of elected members of both the Houses of the Parliament.
F. Judicial Functions: The Parliament has been empowered with punishing powers against members of the House who disobey the rules. While, the power of the Parliament to punish its members is not generally subject to judicial review.
The Parliament also has important powers to impeach the President, the Vice President, the judges of the Supreme Court, the High Court, and the Auditor General of India etc.
A Parliament is often referred to as a ‘nation in miniature’; it is the basis of democracy in a Parliamentary form of government. The Parliament provides representation to the people of the country and makes their voices heard. They also act as an effective check against the arbitration of the executive through the varied functions granted to it by the Constitution of India. Without a Parliament, a democracy cannot thrive; every democratic country needs a Parliament for the smooth conduct of its governance and to give meaning to democracy in the true sense.
6. Critically examine the federal character of the Indian Constitution.
Ans: The “Separation of Powers” idea is observed by these types of governments. India operates on the premise of a two-tiered government, with the central government and state governments sharing power. The Indian constitution, which envisions a parliamentary system of government, is federal in structure and unitary in nature. The three main branches of the federal government are the legislative, executive, and judicial.
The constitutional law comprises both legal in the strict sense and usages, generally referred to as conventions, which are acknowledged as binding by all those involved in government even if they are not enacted. Many regulations and practices aren’t part of the law in the sense that breaking them can result in legal action.
The Indian Constitution is regarded to be a federal structure since it provides clear demarcation of boundaries between the cen-tral and state governments, similar to that of the United States. India’s legislative and executive powers are shared between the centre and the states.
Let us describe the main features of the Indian federal system.
Dual Polity: The Constitution creates a dual polity with the Union at the centre and the states at the periphery. Each is endowed with sovereign powers to be exercised in the different fields entrusted to them by the Constitution. The Union government is in charge of subjects of national importance such as defence, foreign affairs, currency, and communication, among others. State governments, on the other hand, are in charge of regional and local issues such as public order, agriculture, health, and local governance.
Written Constitution: The Constitution is not only a written document, but it is also the world’s longest. It began with a Preamble, 395 Articles (split into 22 Parts), and 8 Schedules. At the time of writing (2013), it consists of a Preamble, approximately 465 Articles (split into 25 Parts), and 12 Schedules. It defines the struc-ture, organization, powers, and functions of the federal and state governments, as well as the boundaries within which they must work. As a result, misunderstandings and arguments between the two are avoided.
Division of Powers: In the Seventh Schedule, the Constitution divided powers between the Centre and the states using the Union List, State List, and Concurrent List. The Union List is made up of 100 subjects (originally 97), the State List is made up of 61 subjects (originally 66), and the Concurrent List is made up of 52 subjects (originally 47). The Centre and the states can both pass legislation on the subjects on the concurrent list, but in the event of a conflict, the Central law takes precedence. The Centre receives residuary topics (those that are not specified in any of the three lists).
Constitutional Supremacy: The Constitution is the highest (or supreme) law of the land. The laws passed by the Centre and the states must be consistent with its provisions. Otherwise, they can be ruled null and void by the Supreme Court or the High Court using their judicial review powers. As a result, the institutions of government (legislative, executive, and judiciary) at both levels must work within the boundaries established by the Constitution.
Rigid Constitution: The separation of powers created by the Constitution, as well as the Constitution’s supremacy, can only be preserved if the system of modification is rigid. As a result, the Constitution is inflexible to the point that those parts dealing with the federal structure (i.e., Center-state relations and judicial organization) can only be modified by a joint decision of the Central and state governments. Such regulations necessitate a special majority in Parliament as well as the consent of half of the state legislatures in order to be amended.
Independent Judiciary: The Constitution established an independent judiciary led by the Supreme Court for two purposes: one, to safeguard the supremacy of the Constitution through the exercise of judicial review; and two, to settle disputes between the Centre and the states or between the states. To make the judiciary indepen-dent of the government, the Constitution includes provisions such as tenure security for judges, defined service conditions, and so on.
Bicameralism: The Constitution establishes a bicameral legislature with an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha represents the states of the Indian Federa-tion, whereas the Lok Sabha represents the entire population of India. The Rajya Sabha (despite being a weaker chamber) is respon-sible for maintaining federal equilibrium by safeguarding state interests against undue interference from the Centre.
7. Write About the Philosophy of the Constitution?
Ans: The constitution of India reflects the impact of our ideology in the following spheres:
(a) Secularism: is the hall-mark of the Indian Constitution. People professing different religions have the freedom of religious worship of their own choice. This very principle has been adopted in the constitution where all religions enjoy equal respect. However, the word ‘secularism’ was nowhere mentioned in the constitution when it came into force. The word ‘secularism’ has been added to the preamble to the constitution through the 42nd Amendment passed in 1976.
(b) Democracy: We have borrowed the modern form of democracy from the West. Under this system democracy nears the periodic responsibility of the Government to go to the people. For the purpose elections have been held every five years to elect a Government by the people.
(c) Sarvodaya: It refers to the welfare of all. It is different from the welfare of the majority. It seeks to achieve the welfare of all without exception.
(d) Socialism: Almost all parties in India profess to promote democratic socialism. These principles are included in the Directive Principles of State policy. However, to lay emphasis on these aspects, the word ‘socialism’ was specifically added to the Preamble to the constitution, the 42nd Amendment.
(e) Spiritualism: Spiritualism creates a feeling of sacrifice, peace, non-violence, tolerance and cooperation. It is the basic feature of Indian Philosophy.
(i) De-Centralisation: The Panchayati Raj System in India to achieve the objective of decentralisation. The concept of cottage industries as laid down in the Directive Principles of State Policy also refers to decentralisation.
(g) Liberalism: It doesn’t refer to the Western concept of Liberalism. It refers, in the Indian context, to self Government, secularism, nationalism, economic reforms etc. All these elements have been incorporated in the Indian Constitution by virtue of which we want to establish a welfare State in India.
(h) Mixed Economy: Co-existence is a salient feature of our ideology system, we have allowed both the private and public sectors economy to work simultaneously.
(i) Gandhism: It represents an ethical and moral India.
Mahatma Gandhi advocated untouchability, cottage industries, prohibitions, adult education and the uplift of villages. He wanted a society free of exploitation and decentralised in character. All these Gandhian Philosophy have found an honourable place in the constitution.
8. Basic Principles on the Independence of the Judiciary?
Ans: 1. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
2. The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
3. The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law.
4. There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the judiciary, in accordance with the law.
5. Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals.
6. The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.
7. It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.
Short Notes:
Indian Constitution: Federal or Unitary
Ans: Usually the constitution is either federal or unitary in nature. In a unitary constitution the powers of the government are centralised in one government i.e central government. But in a federal setup the power is equally divided among the centre and the state.
If we talk about the Indian constitution there is a difference of opinion among the experts. Some claim that our constitution is quasi federal and contains both unitary and federal features. But the framers of the Indian constitution claim that the Indian constitution is purely federal.
Now to know the nature of the Indian constitution we have to examine the arguments in favour and against the subject matter.
Arguments In Favour That Indian Constitution Is Federal Division of powers: In a federal setup the most essential feature is division of power between the centre and state level. This feature can be seen in the Indian constitution. We have different governments and legislatures at centre and state. In the centre we have lok sabha and rajya sabha and at state level we have vidhan sabha in all states and in addition vidhan parishad in some states. The division of power is done in such a manner that the matters of national interest like external affairs, defence etc are with the central government and matters of regional importance like health, law and order are with the state government.
Supremacy of the constitution: A federal state derives its
existence from the constitution. The constitution is regarded as the supreme law of the land and no one is above the constitution. The organs of the state i.e the executive, the legislative and the judiciary perform their respective duties in accordance to the constitution.
Rigid and written constitution: Every federal state has a written and rigid constitution. The setup of a federal state is complex and it will be impossible for a country to run without written rules. India contains the world’s lengthiest constitution. And if we talk about rigidity in a rigid constitution the process of amendment is quite difficult.
Independence of judiciary: As we know in a federal setup the powers are divided between the central and the state level so to maintain the division of power an independent and impartial body is required. This independent body is the court or the judiciary. In India the supreme court is the highest court of law and it is empowered to even strike down laws and amendments that are unconstitutional.
Arguments Against The Federation of Indian Constitution.
Power of the governors: The governors is the constitutional head of the state however they are appointed by the president of India and are answerable to him. So it can be said that they are not independent in their sphere.
Parliament power to legislate: Under article 249 parliament can make law in matters enumerated in the state list if rajya sabha passes the bill by 2/3 majority and the bill is in the national interest.
Parliament power over state boundary: The parliament may form a new state, diminish the existing one and can even change the name of any state. Thus the sweet will of the state depends on the union government.
Emergency provision: If the emergency is proclaimed under article 352 (emergency due to war) then the division of power among the state and the centre undergoes a vital change. The executive body of the state is directly controlled by the union government.
If the emergency is proclaimed under article 356 (emergency due to failure of constitutional machinery) then the whole state’s legislature is dissolved and the normal division of power is suspended.
Conclusion: In short it may be concluded that the Indian constitution is a combination of both unitary and federal state where more features are there for federal. Thus the Indian constitution is mainly federal with some unitary features for national unity and growth.
1. How is the judicial system of India independent?
Ans. The following provisions make the judicial system independent:
(i) The collegium system of appointment of judges of Supreme Court and High Courts.
(ii) Impeachment procedure for the removal of judges.
(iii) The charge of salaries, pensions, and allowances of judges of the Supreme Court upon the Consolidated Fund of India.
(iv) Power to punish for contempt of itself.
(v) The ban on the practice of judges after retirement.
2. Features of Parliamentary System in India.
Ans: The democratic system of government can be divided into the parliamentary and the presidential system based on the relationship between the executive and the legislature. In a parliamentary system, the executive is a part of the legislature, which implements the law and plays an active role in framing it as well. In a parliamentary system, the head of the state may be a monarch or a president, but both of these positions are ceremonial. The head of the government, who is generally called the Prime Minister, is the real head. Thus, all the real executive powers are vested in the Prime Minister.
The parliamentary government is also called the Cabinet government due to concentration of executive powers in the cabinet. Articles 74 and 75 deals with the parliamentary system at the centre and Article 163 and article 164 deals with the Parliamentary system at the states.
Elements and Features of Parliamentary System are:
1. Nominal and Real Head: The head of the state holds a ceremonial position and is the nominal executive. For example, the President.
2. In India, the head of government is the Prime Minister who is the real executive. Article 75 of the Indian constitution provides for a Prime Minister to be appointed by the president. According to Article 74, the Prime Minister headed council of ministers would aid and advise the President in the exercise of his functions.
3. Executive is a Part of Legislature: The Executive forms a part of the legislature. In India, the person should be a member of parliament to become a member of the executive. However, the constitution provides that a person can be appointed as a minister for a period of not more than six consecutive months if he is not a member of the parliament, after which the person ceases to be a minister.
4. Majority Party Rule: The party which wins majority seats in the elections of the Lower House forms the government. In India, the President invites the leader of the majority party in Lok Sabha to form the government. The President appoints the leader as the Prime Minister and the other ministers are appointed by the President on the advice of the Prime Minister. The President may invite a coalition of parties to form the government, in case, no party has a majority.
5. Collective Responsibility: The council of ministers are collectively responsible to the parliament. The lower house of parliament has an ability to dismiss a government by getting the no confidence motion passed in the house. In India, the government survives till the time it enjoys support of the majority of members in the Lok Sabha. Thus, Lok Sabha is empowered to introduce no-confidence motion against the government.
6. Prime Minister as the Centre of Power: In India, the Prime Minister is the real executive. He is the head of the government, the council of ministers and the ruling government. Thus, he has to play a significant and important role in the working of the government.
7. A Parliamentary Opposition: No government in the
parliament can get a hundred percent majority. The opposition plays an important role in checking the arbitrary use of authority by the political executive.
8. Independent Civil Service: The civil servants advise and implement decisions of the government. Civil servants hold permanent appointments based on merit-based selection processes. They ensure continuity of employment even when the government changes. The civil service also ensures efficiency in execution of duties and responsibilities.
9. Bicameral Legislature: Most of the countries following parliamentary system, including India, have bicameral legislature. The members of the Lower House of all these countries are elected by the people. The Lower House can be dissolved, in case, the term of the government is over or there is no scope of government formation due to lack of majority in house. In India, the President can dissolve the Lok Sabha on recommendation of the Prime Minister.
10. Secrecy: The members of the executive in this system have to follow the principle of secrecy in matters such as proceedings, executive meetings, policymaking etc. In India, the ministers take oath of secrecy before entering their office.
3. Advantages of Parliamentary System in India.
Ans: The parliamentary system has the following advantages over the presidential system:
1. Represents Diverse Group: The parliamentary form of government provides opportunity to various ethnically, racially, linguistically and ideologically diverse groups to share their views in framing of laws and policy making. Countries, such as India, which have high levels of diversity, enable accommodation by providing political space to various diverse sections of the society.
2. Better Coordination Between Legislature and Executive: The executive is a part of the legislature. As the government enjoys the support of the majority of members in the lower house, the tendency of disputes and conflicts decreases. It makes it easy for the government to pass the legislation in the parliament and implement them.
3. Prevents Authoritarianism: In a parliamentary system, the tendency of authoritarianism decreases as the power is vested in the council of ministers rather than a single individual. The parliament can remove the government through no-confidence motion.
4. Responsible Government: The parliament can check the activities of the executive as the latter is responsible to the former. In a presidential system, the president is not responsible to the legislature. The members of the parliament can ask questions, move resolutions, and discuss matters of public importance to pressurize the government. Such provisions are not available in the Presidential system.
5. Availability of Alternate Government: The lower house of the parliament can introduce and pass a no confidence motion. In such a situation, the head of the state invites the leader of the opposition party to form the government. In the United Kingdom, the opposition forms a shadow cabinet for the cabinet of the government, so that they can become ready for the role.
4. What is the importance of preamble in the constitution?
Ans: A constitution’s preamble is the first portion of the introduction of the document. It usually includes the country’s history, fundamental ideas and goals, and a declaration of the country’s intentions. The preamble to a constitution is significant because it establishes the tone for the entire document. It also explains why the document was made in the first place.
The American Constitution is the first to include the concept of a preface in its constitution. It has been suggested that the Preamble is not merely a preface to the Constitution, but also a declaration of self-evident fundamental truths.
Significance of The Preamble:
The Indian Constitution is a document that describes what India stands for and how it will be governed, making it one of the most important documents in the country. The preamble is an introduction to the Constitution that explains what it stands for and how it will be applied. It’s almost like the Indian constitution’s mission statement. It attempts to summarize what India represents as a country and a society in a single paragraph. Furthermore, it is based on Pandit Nehru’s ‘Objectives Resolution.
According to the preamble, India is declared a sovereign nation and a democratic republic. It follows socialism and is secular in terms of religion. The Preamble outlines the Constitution’s purposes, which include ensuring justice, protecting people’s liberty, achieving social equality, and instilling a sense of fraternity among citizens. The day the constitution was adopted, November 26, 1949, is referenced in the Preamble.
A debate on whether the preamble is a part of the Constitution existed previously, as there is no mention of it in the Constitution. The clarity on that came after a few judgments given by the supreme court, which stand out as landmark judgments.
According to the Supreme Court in the Berubari Union case, the Preamble explains the overarching purpose of the various provisions of the Constitution and so acts as a key to the framers’ views. Even though the court recognizes the importance of the preamble, it believes it is not a component of the Constitution.
The Supreme Court rejected the earlier decision in the Kesavananda Bharati case and concluded that the Preamble is a component of the Constitution. Reflected this statement in the LIC of India case.
It is important to remember that, while the preamble can be concluded as a part of the constitution, it is not enforceable by law as the rest of the parts.
Amendments to the Preamble:
Only when the preamble is part of the constitution is it possible to change it. Following the clarification that the preamble is a component of the Constitution, the topic of amenability arose. It was decided that the preamble can be amended, but only if the core elements and features remained unchanged.
The 42nd Amendment Act of 1976 amended the constitution’s preamble, adding the words “socialist,” “secular,” and “integrity” to the preamble.
Important words of the Preamble:
Some important words in the Preamble include:
Sovereign: India is a sovereign country, by this conception. It denotes that it is not ruled by or under the jurisdiction of any external authority or country.
Socialist: The 42nd Amendment Act adds the phrase “socialist” to the preamble. Rather than traditional communalist socialism, Indian socialism is democratic. It operates in a mixed economy, with public and private ownership coexisting.
Secular: The 42nd Amendment established the term “secular.” It establishes that the state has no official religion and is not prejudiced against any faith. It distinguishes between states and religion.
Democratic republic: It asserts that India will pursue a republican, or people’s representative, democratic system of governance. To display the democratic republic character, the constitution covers various themes such as universal adult franchise, an independent judiciary, eradication of discrimination, and so on.
Justice: The preamble indicates that the justice here is social, economic, and political justice. Social justice refers to the equitable treatment of all citizens of the country, regardless of sex, caste, religion, gender, or other factors.
Liberty: Liberty is defined as freedom from restriction, force, or control. Liberty refers to our power to make decisions about our own lives in this context. Fundamental rights provide freedom of thought, faith, speech, belief, and worship, and when they are vio-lated, they can be enforced in a court of law. Liberty is not limitless, and no one can do whatever they want while jeopardizing others’ fundamental rights or the Constitution itself.
Equality: The phrase “equality” refers to the lack of preferential treatment for any group in society, as well as the provision of suitable opportunities for all people, without regard for their race or gender.
Fraternity: Fraternity is defined as a sense of brotherhood among people. According to the Preamble, the fraternity must provide two things: human dignity and national unity and integrity.
5. Why is the Indian Constitution called a ‘Living Document’?
Ans: The Indian Constitution is known as a living report. The Indian Constitution is known as a living record since it very well may be changed or revised. As individuals of the country develop, their requirements and goals change. Individuals embrace a more moderate methodology as time passes. To fulfill and acknowledge these progressions from the point of view of the residents of the country, our Constitution should be changed. It is really impor-tant for a non-industrial country to make these alterations as the world is changing at a quick speed. For individuals to develop, the public authority needs to push forward with the entire world.
The Constitution is the major archive by which the general public runs, which the general public has made for itself. Consequently, both the political practice and legal decisions have shown development and flexibility in carrying out the Constitution.
There are three classifications of these alterations: The Constitution of India came into power, and India proclaimed itself a Republic on 26 January 1950 which we celebrate as republic day. In any case, November 26 is commended as the Constitution Day of India or Samvidhan Divas starting around 2015 to check the day when our Constituent Assem-bly officially embraced the Constitution of India.
The weighty sounding word ‘Constitution’ is in many cases named either as simple ‘legal counselor’s heaven’ with confused language not effortlessly perceived by nitwits or as a section in our civics course reading we momentarily scrutinized through. It is utilized as a safeguard or a blade in boards or discussions and as of late irregular articles cited by lawmakers, nonconformists or normal people have transformed it into a device of the scholarly showcase.
In this worthless activity of naming and painting our Constitution into our very own shade getting it, we frequently miss and neglect to regard the virtuoso of our progenitors and designers who gave us an instrument that guarantees that with changing times and soul, our country also doesn’t stay static, outdated and continues towards the way of headway and progress.
To comprehend what the Constitution truly is, we should return to the age when the recently procured freedom presented difficulties to our country; Challenges which not just made us exuberantly pleased with trust for a superior future yet additionally suggested a conversation starter regarding what implies we should use to accomplish the closures of a prosperous country. It was then that our Constituent gathering outlined the Constitution in a manner that planned to change the pioneer structure into a vote-based republic.
At the time of the outlining of the Indian Constitution, we had recently emerged from the pioneer system, where Indians were simply unheard, took advantage of subjects, and the reverberations of the revolutions of the Holocaust in Germany were plain. This made the errand, even more, trying for our progenitors since they needed to guarantee that the Constitution changes the slipups of the past as well as makes a safeguard that recovery and keeps us from any misfortune later on.
Consequently, a Constitution isn’t just a record but an exemplification of individuals’ confidence and goals. It is a way to not just express the power held by the public authority yet in addition put forth a few lines on them.
Constitution was outlined to bring the idea of a vote-based sys-tem, balance, and freedom, in the greater political space as well as to our own reality vide arrangements like Article 15: Prohibition of separation on grounds of religion, race, station, sex, or spot of the birth, Article 17: Abolition of Untouchability, Article 24: Prohibition of work of kids in plants, Article 45: Provision free of charge and mandatory training for youngsters and so on. This must be finished to guarantee that the Constitution plays a balancing and democratizing job.
The way that our Constitution is a harmony among unbending nature and adaptability which empowers us to support the center fundamental design while correcting the remainder of the construction as per the progressions in the general public, is confirmation that Our Constitution isn’t just a living report yet, in addition, a way to guide towards the way of headway.
The arrangements connected with the Right To Education, Amending Article 370, GST, NCBC, or the decisions connected with the right to security, segment 377, triple talaq, or the NOTA judgment, show that very much like Dar-win called attention to that ‘not the most grounded of the species make due, nor the smartest, however the one generally receptive to change’, comparably just with change and transformation could our majority rules government at any point get by As individuals of the country develop, their necessities and Yearnings change.
Individuals take on a more moderate methodology as time passes. The Constitution isn’t simply an extended authoritative report yet a contract of values and standards; a fantasy of a free, just, and equivalent society. A fantasy that isn’t static and undeviating however is dependent upon steady recharging as every age finds once more, the establishing standards of our Republic.
In this manner, the onus is on us, to comprehend, reflect and esteem the foundation of our majority rules system i.e our Constitution in light of the fact that “Notwithstanding how great a Constitution might be, it makes certain to turn out terrible on the grounds that the people who are called to work it, end up being an awful parcel. Despite how terrible a Constitution might be, it might end up being great in the event that the people who are called to work it, end up being a decent part.
Short Notes:
Making of the Indian Constitution: Constituent Assembly.
Ans: The Indian Constitution is a single document that is writ-ten and codified, and enacted by a single body. The Indian Consti-tution came to be adopted in the year 1949 on 26th November and members of the parliament signed it on January 24 in 1950.
The Indian Constitution is an amalgamation of supreme, rigidity, and flexibility. The Constituent Assembly had been written and debated between December 1946 to January 1950. The consensus was required by the freedom struggle which transformed society and politics. The document was lengthy and comprised 395 Articles and 8 Schedules.
Making of the Indian Constitution:
The draft for the Indian Constitution came to be prepared in 1928 by Motilal Nehru and other 8 members of Congress. In 1931, a resolution came to be given on the idea of a constitution for an independent India at the Karachi Session of the Congress.
Basic values like Universal Adult Franchise, the right to free-dom and equality as well as rights for minorities were withdrawn from the resolution and the experience of colonial rule helped for the development of legislative institutional design for India.
Making of Indian Constitution: Timeline
The Indian Constitution took three years to be drafted and eleven sessions were held over 165 days cues from various constitutions were taken for drafting the constitution.
1934 MN Roy gave the idea of a Constituent Assembly for framing the Indian Constitution.
1935: The idea of forming a Constituent Assembly came to be supported by leaders of Congress and demand was put forward.
1938: On behalf of the Indian National Congress, Jawaharlal Nehru demanded the constituent assembly consisting of Indians only.
1940: In the August Offer, the British accepted this demand.
1942: The Cripps Mission before the Quit India Movement said that the formation of the Constituent Assembly would be after World War II.
1946: The Cabinet Mission formed the Constituent Assembly.
Constituent Assembly consisted of: 389 seats and the majority of seats were by Congress-208.
9th December 1946: The initial meeting of the Constituent Assembly took place with 211 members and the first president was Dr. Sachidanand Sinha.
11th December 1946: The Permanent President was Dr Rajendra Prasad and Vice President was H.C.Mukherjee and The constitu-tional advisor was B.N. Rao,
13th December 1946: The philosophical structure of the Constitu-tion was laid by Jawaharlal Nehru and passed on 22nd July 1947.
3rd June 1947: Lord Mountbatten had planned for two constituent assemblies and the number of seats was reduced to 299 and the first Parliament of India, a constituent assembly came to be formed.
The first speaker was G.V.Malvankar and the chairman was Dr. Rajendra Prasad.
26th November 1949: The Constitution of India came to be made.
Demand for Constituent Assembly:
The British Parliament came to be presented with the Indian Commonwealth Bill in 1925, which is one of the most important consti-tutional reforms, and the report by Motilal Nehru was considered to be the first major attempt at a full fledged constitution in 1928. Between the years 1930-32, three round table conferences were convened.
In 1934, the idea for a constituent assembly was forwarded by M.N.Roy, and in 1935, Congress demanded a constituent assembly for framing the constitution. In 1938, Jawaharlal Nehru said the constituent assembly should consist of elected members based on a universal adult franchise. In 1940, the demand was accepted by the British government and this was termed an August offer in 1942. In 1946, the Constituent Assembly was formulated on the basis of a cabinet mission.
The Constituent Assembly:
The members of the Constituent Assembly were the elected representatives who drafted the document of the Indian constitution. The elections to this Assembly were held in 1946 July and the first meeting was held in December 1946. Because of partition, the constituent assembly was also divided.
The Constituent Assembly is constituted of 299 members who adopted the constitution on 26 November 1947 and came into effect on 26 January 1950. There were 8 Major committees and 15 minor committees in the constituent assembly for different subjects.
Committees of Constituent Assembly
Name of the Major Committees: Chairman
Union Power Committee: Pandit Jawaharlal Nehru
Union Constitution Committee
States Committee
Provincial Committee: Sardar Vallabhbhai Patel
Drafting Committee: B.R. Ambedkar
Advisory Committee: Sardar Vallabhbhai Patel
Rules Committee: Rajendra Prasad
Steering Committee
Making of the Indian Constitution: Objective Resolution
An Objective Resolution was passed by Jawaharlal Nehru on 13th December 1946 which laid down the philosophical structure of the constitution of India. Jawaharlal Nehru had great aspirations for framing the Constitution of India which was adopted on 22nd July 1947, based on the Preamble of the Indian Constitution.
Enactment and Enforcement of the Constitution:
The motion for Draft Constitution was proclaimed on November 26, 1949, for gaining the signatures of the members as well as that of the President, and the Preamble was enacted by the Constitution. The Constitution was accepted on November 26, 1949, with a Preamble, 395 Articles, such as Articles 5 to 9, Articles 379,380, 388, 392, and 393.
Remaining of the articles came into effect on Republic Day, 26 January 1950. The Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed after the Constitution of India came into effect. Our constitution at present has 448 Articles, 25 Parts, and 12 Schedules.
Women and The Constituent Assembly:
Women played a very important role in the creation of the In-dian Constitution, which is an important role in the Constituent Assembly and many women members of the Constituent Assembly also contributed to the creation of an independent Indian Constitution.
Rajakumari Amrit Kaur was the first woman of independent India to be appointed to Cabinet as Health Minister and established AIIMS and Lady Irwin College in Delhi.
Indian Constitution: Challenges
After being under British rule for almost 300 years (200 years under company rule and 100 years) India attained independence after a consistent struggle for many decades in the form of movements and sacrifices of many freedom fighters. After attaining inde-pendence the main task before our leaders was to design a consti-tution. The creation of the constitution for an immense and diverse nation like India was not a simple undertaking.
The nation was conceived through a segment based on partition.
This was an awful experience for individuals in India and Pakistan.
Many people on both sides of the border lost their lives in the violence created due to the partition.
Another challenge faced was the merger of princely states in the nation. The British left it to the choice of the princely states whether to unite into India or Pakistan. The making of the constitution in such a situation for a secure and stable future for the country was an immense task.
Indian diversity was a crucial factor to be kept in mind. The constitution to be made was to satisfy the people who are entangled in different religions, cultures, castes, and languages.
Merits of the Indian Constitution:
Amidst these challenges, India had an advantage which is the consensus on how the nation and constitution should be. With the Indian freedom struggle, the leaders got an accurate idea about how the Indians are and what system should be right for Indian society. Even though people had some differences, the basic outline and ideas were accepted by the majority of the people.
Both Motilal Nehru’s and the Congress Karachi session’s reports were focused on the incorporation of all-inclusive grown up establishments, the right to opportunity and equity, and safeguarding the freedoms of minori-ties in the constitution of free India. Hence a few essential qualities were acknowledged by all pioneers much before the Constituent Assembly met.
Under British rule, India experienced the political foundations laid by them. The experience with these political foundations gave a great understanding to our leaders. The experience acquired by Indians in the working of the official foundations demonstrated to be extremely valuable for the nation in setting up its foundations. This was reflected when many ideas and features of the government act of India in 1935 were adopted into the Indian constitution.
1. What Fundamental Rights enshrined in the Indian Constitution ensure religious freedom?
Ans: Part III of the Constitution of India (Articles 14-34) deals with Fundamental Rights guaranteed to the citizens. These rights are essential for the growth of an individual’s personality and are enjoyed by all the citizens irrespective of caste, colour, religion and sex. Originally there were seven Fundamental Rights, but after the 44th Amendment the right to property was removed.
The rest of the six rights are as follows:
(a) Right to equality (Article 14 to 18)
The right to equality guarantees the following fundamental rights:
(1) equality before law,
(2) prohibition of discrimination by the State on the grounds of religion, caste, sex or place of birth.
(3) equal opportunity in matters of public appointment.
(4) abolition of untouchability and
(5) abolition of titles, exception military and academic distinctions
(b) Rights to freedom (Article 19)
This Article guarantees all citizens the following rights:
(1) to freedom of speech and expression,
(2) to assemble peacefully without arms,
(3) to form association,
(4) to move freely throughout the territory of India, and
(5) to reside and settle in any part of the country
(c) Right against exploitation (Article 23)
This right includes (a) prohibition of traffic in human beings and forced labour, (b) prohibition of employment of children below the age of 14 years in factories, mines and hazardous jobs.
(d) Right to freedom of religion (Article 25)
This right includes the following:
(1) freedom of conscience and right to profess, practise and propagate religion,
(2) freedom to manage religious affairs,
(3) freedom as to payment of taxes for promotion of any particular religion, and
(4) immunity from attendance at religious instruction of worship in educational institutions.
(e) Right to cultural and educational (Articles 29 and 30)
This right includes the following:
(1) protection of language, script or culture of minorities,
(2) right of minorities to establish and administer educational, and
(3) prohibition of denial of admission into any educational institution maintained by state or receiving aid out of state funds on account of religion, race, caste or language.
(f) Right to constitutional remedies (Article 32)
This right envisages constitutional guarantee of all the above mentioned rights. It means that the Supreme shall enforce the enjoyment of these rights through the application of writs of habeas corpus, mandamus certiorari and quo warranto.
2. Write an essay on the Directive Principles of State Policy?
Ans: Part IV of the constitution (Article 36-51) embodies the Directive Principles of State Policy which are considered to be certain value principles for the functioning of the State. The term State means the Union and the State Governments, the Union Par-liament and the State Legislatures and the local Governments.
Some of the most important principles can briefly states as follows:
1. to ensure adequate means of livelihood for all citizens,
2. to have fair distribution of wealth and material resources among all classes,
3. to give equal pay for equal work for men and women,
4. to raise the standard of living,
5. to organise village panchayats to endow them with powers and authority so that they can function as the units of self-government,
6. to secure just and humane condition of work and maternity relief,
7. to promote cottage industries,
8. to secure uniform code of law for all the citizens,
9. to safeguard and promote the educational and economic interests of the Scheduled Caste and the Scheduled Tribes,
10. to provide free and compulsory education up to the age of 14,
11. to bring about the prohibition of consumption of intoxicating liquors,
12. to organise agriculture and animal husbandry,
13. to protect and improve environment and safeguard forests and wildlife,
14. to encourage participation of workers in the management of industries,
15. to protect monuments and places and objects of national importance,
16. to separate judiciary executive, and
17. to promote international peace and security, maintain just and honourable relations between nations, to foster respect for international law and treaty obligations and to encourage settlement of international disputes by arbitration.
3. Write about the Salient Features of the Indian Constitution?
Ans: The main features of Indian Constitution are the following:
1. A written Constitution: The Indian Constitution is mainly a written constitution. A written constitution is framed at a given time and comes into force or is adopted on a fixed date as a document,
As you have already read that our constitution was framed over a period of 2 years, 11 months and 18 days, it was adopted on 26th November, 1949 and enforced on January 26, 1950. Certain conventions have gradually evolved over a period of time which have proved useful in the working of the constitution.
2. Federal Policy: The Constitution of India does not use the term ‘federal state’. It says that India is a ‘Union of States’. There is a distribution of powers between the Union/Central Government and the State Governments. Since India is a federation, such distribution of functions becomes necessary. There are three lists of powers such as Union List, State List and the Concurrent List.
3. Parliamentary Democracy: India has a parliamentary form of democracy. This has been adopted from the British system. In a parliamentary democracy there is a close relationship between the legislature and the executive. The Cabinet is selected from among the members of the legislature. The cabinet is responsible to the latter. In fact the Cabinet holds office so long as it enjoys the confidence of the legislature.
In this form of democracy, the Head of the State is nominal. In India, the President is the Head of the State. Constitutionally the President enjoys numerous powers but in practice the Council of Ministers headed by the Prime Minister, which really exercises these powers. The President acts on the advice of the Prime Minister and the Council of Ministers.
4. Fundamental Rights and Duties: Fundamental Rights are one of the important features of the Indian Constitution. The Constitution provides for six Fundamental Rights about which you will read in the following lesson. Fundamental Rights are justiciable and are protected by the judiciary. In case of violation of any of these rights one can move to the court of law for their protection.
Fundamental Duties were added to our Constitution by the 42nd Amendment. It lays down a list of ten Fundamental Duties for all citizens of India. While the rights are given as guarantees to the people, the duties are obligations which every citizen is expected to perform.
5. Directive Principles of State Policy: The Directive Principles of State Policy which have been adopted from the Irish Constitution, is another unique feature of the Constitution of India. The Directive Principles were included in our Constitution in order to provide social and economic justice to our people. Directive Principles aim at establishing a welfare state in India where there will be no concentration of wealth in the hands of a few.
6. Partly rigid and Partly flexible: A constitution may be called rigid or flexible on the basis of its amending procedure. The Constitution of India provides for three categories of amendments. In the first category, amendment can be done by the two houses of Parliament with a simple majority of the members present and voting before sending it for the President’s assent. In the second category amendments require a special majority.
Such an amendment can be passed by each House of Parliament by a majority of the total members of that House as well as by the 2/3rd majority of the members present and voting in each house of Parliament and sent to the President for his assent which cannot be denied. In the third category besides the special majority mentioned in the second category, the same has to be approved also by at least 50% of the State legislatures.
7. Language Policy: India is a country where different languages are spoken in various parts of the country. Hindi and English have been made official languages of the central government. A state can adopt the language spoken by its people in that state also as its official language.
8. Special Provisions for Scheduled Castes and Scheduled Tribes: The Constitution provides for giving certain special concessions and privileges to the members of these castes. Seats have been reserved for them in Parliament, State legislature and local bodies, all government services and in all professional colleges.
9. A Constitution Derived from Many Sources: The framers of our constitution borrowed many things from the constitutions of various other countries and included them in our constitution. That is why; some writers call the Indian Constitution a ‘bag of borrowings’.
10. Independent Judiciary: Indian judiciary is independent and impartial. The Indian judiciary is free from the influence of the executive and the legislature. The judges are appointed on the basis of their qualifications and cannot be removed easily.
11. Single Citizenship: In India there is only single citizenship. It means that every Indian is a citizen of India, irrespective of the place of his/her residence or place of birth. He/she is not a citizen of the Constituent State like Jharkhand, Uttaranchal or Chattisgarh to which he/she may belong to but remains a citizen of India. All the citizens of India can secure employment anywhere in the country and enjoy all the rights equally in all the parts of India.
12. Universal Adult Franchise: Indian democracy functions on the basis of ‘one person one vote’. Every citizen of India who is 18 years of age or above is entitled to vote in the elections irrespective of caste, sex, race, religion or status. The Indian Constitution establishes political equality in India through the method of universal adult franchise.
13. Emergency Provisions: The Constitution makers also foresaw that there could be situations when the government could not be run as in ordinary times. To cope with such situations, the Constitution elaborates on emergency provisions. There are three types of emergency; a) emergency caused by war, external aggression or armed rebellion; b) emergency arising out of the failure of constitutional machinery in states; and c) financial emergency.
4. What are the 7 Constitutions of India?
Ans: The Constitution of India is a single comprehensive document that outlines the fundamental principles and framework of governance.
The important parts of the Constitution of India:
(1) Preamble.
(2) Fundamental Rights.
(3) Directive Principles of State Policy.
(4) Fundamental Duties.
(5) Union and its Territory.
(6) Distribution of Powers.
(7) Amendment of the Constitution.
5. Who wrote India’s Constitution?
Ans: The Indian Constitution was calligraphed by Prem Behari Narain Raizada.
6. Who is the father of the Indian Constitution?
Ans: Dr Bhimrao Ambedkar is regarded as the father of Indian constitution.
7. Is the Indian constitution rigid or flexible?
Ans: Constitutions are arranged flexibly and rigidly. An unbending constitution i.e. rigid is the one that requires an extraordinary system for its change. An adaptable or flexible constitution can be revised similarly as the conventional regulations are made. The Constitution of India is an interesting illustration of the blend of inflexibility and adaptability. Hence the Indian constitution is both rigid and flexible.
8. Does the Constitution implement a Federal system of government? Explain.
Ans: The Constitution of India lays out a bureaucratic arrangement of government. It contains every one of the standard elements of a league, like two legislatures, division of abilities, composed constitution, the incomparability of the constitution, the unbending nature of the Constitution, free legal executive, and bicameralism. Notwithstanding, the Indian Constitution likewise contains countless unitary or non-government highlights, for example, a solid Center, a single Constitution, arrangement of state lead representatives by the Center, all-India administrations, incorporated legal executive, and many others.
9. Write about the bulkiness of the Indian constitution.
Ans: The Constitution of India qualifies as being the lengthiest and nitty-gritty Constitutional record the world has so far delivered. As such, the Constitution of India is the lengthiest of the relative multitude of composing constitutions of the world. It is an exceptionally thorough, intricate, and nitty-gritty report.
10. When did the process of making the constitution of India begin?
Ans: The process of making the constitution of India was by the constituent assembly on 9 November 1946. It took over 2 years, 11 months, and 17 days for formulating the constitution.
11. Where did the process of making the Constitution of India begin?
Ans: In the year 1946 December, the Indian Constituent Assembly met for the first time and began drafting India’s first constitution.
12. What is the making of the Indian Constitution?
Ans: The Constituent Assembly of India was in charge of making the Indian Constitution and in December 1946, Indian Constituent Assembly met for the first time and began drafting the Indian Constitution.
13. Who created the Constitution in India?
Ans: The Indian Constitution was framed by the Constituent Assembly of India, Dr. Sachidanand Sinha as president, and later Dr. Rajendra Prasad was the elected president.
14. What are the factors that contributed to the making of the Constitution?
Ans: Many of the leaders were inspired by the ideals of the French Revolution and many were influenced by the parliamentary democracy of Britain and Bills of Rights in the US.
15. What was the procedure adopted for making the Indian Constitution?
Ans: The constitution was drafted by the Constituent Assembly, which was chosen by chosen individuals from the commonplace congregations. The 389-part gathering (decreased to 299 after the parcel of India) required nearly three years to draft the constitution, holding eleven meetings over a 165-day time frame. It grants protected matchless quality (not parliamentary matchless quality, since it was made by a constituent get together as opposed to Parliament) and was taken on by its kin with a statement in its preamble. Parliament can’t supersede the Constitution.
Procedure for Making of Indian Constitution:
It was taken on by the Constituent Assembly of India on 26 November 1949 and became viable on 26 January 1950. The constitution supplanted the Government of India Act 1935 as the country’s central overseeing archive, and the Dominion of India turned into the Republic of India. To guarantee protected autochthony, its composers revoked earlier demonstrations of the British parliament in Article 395. India commends its constitution on 26 January as Republic Day.
The constitution pronounces India a sovereign, communist, common, and majority-rule republic, guarantees its residents’ equity, equity, and freedom, and tries to advance fraternity. The unique 1950 constitution is protected in a helium-filled case at the Parliament House in New Delhi. The words “mainstream” and “communist” were added to the preface by the 42nd amendment act in 1976 during the Emergency.
In 1928, the All Parties Conference gathered a council in Lucknow to set up the Constitution of India, which was known as the Nehru Report.
The greater part of the pilgrim India was under British rule from 1857 to 1947. From 1947 to 1950, a similar regulation kept on being carried out as India was a domain of Britain for these three years, as each royal state was persuaded by Sardar Patel and V.P.Menon to sign the articles of coordination with India, and the British government kept on being liable for the outer security of the country.
Thus, the constitution of India canceled the Indian Independence Act of 1947 and the Government of India Act of 1935 when it became powerful on 26 January 1950. India quit being a domain of the British Crown and turned into a sovereign, majority rule and republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the excess articles became powerful on 26 January 1950.
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