Indian Constitution Preamble

Preamble

• The subject matter of the Preamble is crucial, including the correct sequence of terms.
• The correct order of the terms in the Preamble is: Sovereign, Socialist, Secular, Democratic, Republic.
• The Preamble outlines philosophical priorities: Justice precedes Liberty, and Liberty precedes Equality.
• Justice is seen as the fundamental value in this constitutional structure.
• The order of Justice, Liberty, Equality, and Fraternity reflects the philosophical intent of the Constitution.
• The American Constitution was the first to adopt an official preamble.
• The Indian Constitution's Preamble is based on the Objective Resolution proposed by Pandit Nehru.
• The Preamble includes the adoption date of the Constitution: November 26, 1949.
• The date of adoption of the Constitution (26 Nov 1949) differs from the date of enforcement (26 Jan 1950).

Key Terms in the Preamble

• Sovereign: India is an independent republic, not dependent on any other nation or international organization.
• Socialism: Indian socialism is a democratic or Gandhian form, blending liberalism and socialist ideas.
• Secular: The Constitution respects all religions equally.
• Democratic: Supreme power resides in the hands of the people.
• Direct Democracy Tools: Referendum, Initiative, Recall, and Plebiscite are not currently used in India.
• Republic: The Head of the State is elected, not a monarch.

Justice, Liberty, Equality, Fraternity

• Justice: Enshrines Social, Economic, and Political justice.
• Social and Economic justice together constitutes Distributive Justice.
• Liberty: Enshrines Liberty of thought, expression, belief, faith and worship.
• Equality: All are equal; no privileged classes exist.
• Fraternity: Ensures the dignity of the individual and the unity and integrity of the nation.
• Fraternity includes both individualistic and collectivistic interpretations.

Comments on the Preamble

• K. M. Munshi: Preamble is a horoscope of a Sovereign Democratic Republic.
• Pandit Thakur Das: Preamble is the most precious part of the Constitution.

Important Cases Related to the Preamble

• Berubari Union Case (1960): The Supreme Court held that the Preamble is not part of the Constitution and therefore, cannot be amended.
• Kesavananda Bharati Case (1973): The Supreme Court recognized the Preamble as part of the Constitution, can be amended if the basic structure is unchanged.
• The Preamble has only been amended once, via the 42nd Amendment Act.
• After 42nd Amendment Act the words Socialist, Secular, and Integrity were added to the Preamble.

Constituent Assembly

• 1934: M.N. Roy first proposed the idea for a Constituent Assembly.
• Seats were allocated based on population to provinces and princely states.
• Approximately one seat was allocated per 10 lakh people.
• Members of the Constituent Assembly were indirectly elected.
• Most important freedom fighters were part of the Constituent Assembly, except Mahatma Gandhi.
• The first meeting was held on December 9, 1946.
• Dr. Sachchidananda Sinha was elected temporary President.
• Dr. Rajendra Prasad was later elected as the President.
• H.C. Mookherjee and V.T. Krishnamachari were Vice Presidents.
• The initial strength was 389, later reduced to 299 after the partition.
• There were 11 sessions that lasted 2 years, 11 months, and 18 days.

Key Committees of the Constituent Assembly

• Union Power Committee: Under the leadership of Jawaharlal Nehru.
• Union Constitution Committee: Under the leadership of Jawaharlal Nehru.
• Provincial Constitution Committee: Sardar Patel.
• Rules and Procedure Committee: Dr. Rajendra Prasad.
• States Committee: Jawaharlal Nehru.
• Steering Committee: Dr. Rajendra Prasad.
• Drafting Committee had 7 members, led by Dr. Ambedkar.
• Drafting Committee Members: Gopal Swami Ayyangar, Krishna Swami Ayyar, K.M. Munshi, Mohammad Saadullah.
• Drafting Committee Members: N. Madhava Rao, T.T. Krishnamachari.
• Few provisions were adopted on November 26, 1949.
• Majority of the Constitution was enforced on January 26, 1950.

Comments on the Constituent Assembly

• Granville Austin: The Constituent Assembly was a one-party body.
• Sir B.N. Rau: Constitutional Advisor to the Constituent Assembly, but not a part of the drafting committee.

Council of Ministers

• India follows the parliamentary system based on the British pattern.
• The Council of Ministers is the core of the polity.
• Article 74: Council of Ministers aid and advise the President.
• The 42nd and 44th Constitutional Amendment Acts made this advice binding.
• President can send advice back for reconsideration once due to the 44th amendment.
• Article 75: Council of Ministers is collectively responsible to the Lok Sabha.
• This is called Collective Responsibility this is a fundamental principle of parliamentary democracy.
• Article 88: Ministers can sit and participate in any house but can vote only in the house they are members of.

Distinctions between the Council of Ministers and the Cabinet

• The Council of Ministers is a larger body; the Cabinet is smaller.
• The Cabinet is part of the Council of Ministers.
• Council of Ministers has all the categories of Ministers.
• The Cabinet is more powerful and meets for daily discussions.
• The term 'Cabinet' was not in the original Constitution.
• The term 'Cabinet' was added to Article 352 by the 44th Amendment Act of 1978.

Comments on the Council of Ministers and Cabinet

• Ramsay Muir: It is like the steering wheel of the ship.
• Lowell: The Cabinet is the keystone of the political arch.
• Sir John Marriott: The Cabinet is the pivot around which the whole political machinery revolves.
• Gladstone: The Cabinet is like a solar around which other bodies revolve.
• Barker: The Cabinet is the magnet of policy.

Amendments

• Article 368 in Part 20 deals with the amendment procedures.
• Parliament can amend any provision that doesn't alter the basic structure of the Constitution (Kesavananda Bharati case).
• The amendment bill can originate in either the Lok Sabha or the Rajya Sabha.
• An amendment bill must be passed in both houses with a special majority.

Types of Amendments

• By Simple Majority: Alteration of areas, boundaries, or names of existing states, Legislative Assemblies (Vidhan Parishad).
• Special Majority: 2/3 of the members of each house, President's vote.
• Special Majority + Consent of States: Election of the President, the Executive Power of the Union and States, Legislative Powers, Schedule 7, Supreme Court, High Courts, Distribution of Legislative Powers between the Union and the States, GST Council.

Important Amendments

• First Amendment: added the Ninth Schedule, enabling land reforms.
• 42nd Amendment: called "Mini Constitution".
• 52nd Amendment: Anti-Defection Law in the Tenth Schedule.
• 61st Amendment: Reduced the voting age.
• 73rd Amendment: Granted constitutional status to Panchayati Raj Institutions.
• 101st Amendment: Introduced GST (Goods and Services Tax).
• 103rd Amendment: Introduced EWS (Economically Weaker Section) Reservation.
• 105th Amendment: Restored state governments' power to recognize socially and educationally backward Classes (OBCs).
• 106th Amendment: Reserved 1/3rd seats for women in Lok Sabha and state legislative assemblies.

The Prime Minister of India

• The Prime Minister is the Head of the Government while the President is the Head of the State.
• India follows the parliamentary form of democracy.
• President is the de jure head.
• The Prime Minister is the key functional.
• Actual power rests with the Prime Minister.
• Article 75 states that the Prime Minister is appointed by the President.
• The President appoints other members of the Council on the Prime Minister's recommendation.
• A non-member of either house can be appointed as Prime Minister.
• Individual have to become a member within six months to continue as PM.

Prime Minister: Descriptions by Commentators

• Lord Morley described the Prime Minister as "Primus Inter Pares".
• Laski commented that the Prime Minister is central to formation, life, and death of the government.
• Ramsay Muir compared the Prime Minister to the "Steersman or the Steering व्हील of the Ship of the State".
• The Prime Minister heads leadership in the Council.
• If the Prime Minister resigns, the Council of Ministers collapses.

President of India

• The President is the First Citizen of India.

Elections of the President

• Elections follow proportional representation through a single transferable vote.
• Voting is by secret ballot.
• Disputes regarding elections of the President go directly to the Supreme Court.

Electors for Presidential Elections

• Elected members of both houses namely Parliament.
• Elected members of the legislative assemblies of the states.
• Elected members of the Union Territories of Delhi and Puducherry.
• Total population of the state / Total number of members elected in the state legislative assembly * (1 / 1000).

Value of an MP's vote

• Total values of votes of all MLAs of all states / Total numbers of all elected members of the Parliament.

Qualification for the Election of the President

• Must be a citizen of India and be 35 years of age.
• Impeachment can occur for violation of the Constitution.
• Impeachment: Requires 14-day notice before the process begins.

Powers of the President: Key Aspects

• Can declare any area as a scheduled area.
• Can summon or prorogue the Parliament and dissolve the Lok Sabha.
• He can use the Contingency Fund of India.
• Can grant pardons, reprieves, respites, or remissions of punishment.
• Cannot pardon a death sentence.

Types of Veto Powers

• Absolute Veto: Can refuse to give assent to a bill.
• Suspensive Veto: Can return a bill for reconsideration.
• Pocket Veto: Can take no action on a bill.

Indian Parliament

• Articles 79 to 122 in Part 5 of the Constitution deal with the Parliament.

Three Parts

• The President.
• Lok Sabha.
• Rajya Sabha.
• British pattern inspired it.

Composition: Rajya Sabha/Lok Sabha

• Rajya Sabha has a fixed strength of 250 members, with 12 nominated.
• Union Territories Delhi, Puducherry and Jammu and Kashmir.
• Sabha: 552 members: 530 from states and 20 from Union Territories.
• The Constitution has adopted the system of proportional representation.
• Direct Elections: Using the first past the post system.
• Term of Office for Rajya Sabha.

Key Qualities in Parliament Terms

• The term is six years.
• The term is five years in Lok Sabha.
• Minimum qualification age for Rajya Sabha is 30 years.
• Qualification for Lok Sabha is 25 years of age.

Speaker of the Lok Sabha

• Does not vacate his office before the newly elected Lok Sabha meets.
• Before the first meeting of the newly elected Lok Sabha.
• An ad hoc speaker takes over.

Direct Democracy Vs Indian Democracy

• The new parliamentary will decide once the house is formed.
• The speaker in the British parliaments is a non-party member.
• In Indian, the speaker can belong to a political party.

Devices of Parliamentary Proceedings

• Tools to ensure the accountability of the executive.
• The first hour is the Question Hour.
• Zero Hour: Is an Indian invention- occurs after the Question Hour.
• Privilege Motions: Concerns any Minister who has used their powers incorrectly.
• Adjournment Motion: For the discussion of matter with urgent importance- should have support of 50 members.
• Adjournment: Terminates a sitting of the House and preserves all current bills.
• Done by the Presiding Officer (Speaker).
• Prorogation: Terminates the session and is done by the President.

No Government: Action Devices to be Used

• No-Confidence Motion.
• Move to claim that the ruling party does not have the majority in the Lok Sabha.
• Must be supported by 50 members before admission.
• Article: 75 contains Collective responsibility.

Joint Sitting of the Two Houses

• Article: 108 provides Joint sitting happens when a bill:
• Has been rejected by the other house.
• There is final disagreement regarding Amendments.
• The bill with the other house has taken more than six months.
• Speaker of the Lok Sabha presides.

The Governor: The Provinces

• The Governor is the Chief Executive Head of the State.
• Is appointed and not elected.
• The President does the appointing.
• Constitution- Nothing mentions any ground upon which a governor can be removed.
• Acts as the chancellor of Universities.
• They may appoint vice-chancellors.
• Can issue ordinances.
• They have pardoning powers.
• the governor’s decision is final.

Elections, Local Government, and Judiciary

Elections

• Article 324: Establishes Election Commission of India.
• Elections are fundamental for legitimacy and stability.
• The Election Commission ensures a fair election.
• Is one of the most important concepts for stability in a country following democratic principals.
• The Election Commission is a three-member body.
• Made up of one Chief Election Commissioner and two Election Commissioners after the 69th Constitution Amendment Act.
• The term is 6 years or 65 years of age, whoever comes first.
• Authority to give the Political Parties authority to recognize National and state recognized.
• Committees important in the context of any of those powers.
• Tarkunde Committee: Related to the Election in 1975.
• Goswami Committee: Related to the Election.
• 1998: Committee related to election State Funding In Elections.
• TN Sension: Important Leader in Political Evolvement in India.
• S Y Qureshi: Important Leader for elections India.
• Rajiv Kumar: Current person in power with Indian election powers.

The Local Government

• 73rd Amendment gives the Constitutional Status.
• Established Local Institutions with power given to the self-government and people.
• The 73rd Amendment of Local People and Government.
• It led to the formation of municipalities.
• Article 243 A: Related to the elections of Local Regions.
• Article 243 D: Related to the seat Reservations.
• Article 243 E: Relates to Durations of the panchayat.
• Article 243 F: Imposing taxes.
• Article 243 J: Elections.
• Article 243 T: Reserved For Sests.
• Article 243 V: Finance Committee.
• Article 243 J.D: District planning commission Power and Influence.
• 1957: Year local committee became Important To Power Dynamic.
• Mehta Committee: With 3 power Dynamic.
• Jada Committee: Important To Year.

The Indian Judiciary Power Structure

• The Judiciary is one of the Organs Government.
• The other organs include the Local, the state of Executive, and State of Legislate.
• Supreme Court: Highest Form of power.
• Jurisdiction: Form of Power.
• Original Jurisdiction: Original Access.
• One can directly use original powers in legal terms.
• The Right To Enshrine the Political Value.
• A Power Dynamic exists between High court and Supreme Court.
• Courts are a big part of political and civil rights that India and the World has to offer.