India & Indian Constitution PDF

India & Indian Constitution CHAPTER - I PHILOSOPHICAL AND POLITICAL FOUNDATIONS OF INDIA CHANAKYA THOUGHT ON POLITICS Chanakya also propounded that justice should not be delayed and matters should be heard urgently. It is not prudent for a leader to antagonise the elders and the wise. The king shou...

India & Indian Constitution CHAPTER - I PHILOSOPHICAL AND POLITICAL FOUNDATIONS OF INDIA CHANAKYA THOUGHT ON POLITICS Chanakya also propounded that justice should not be delayed and matters should be heard urgently. It is not prudent for a leader to antagonise the elders and the wise. The king should be a promulgator of Dharma and should be a role model for the masses in his character. Concept of Dharma Dharma plays a very important role in the constitution through which the people get the justice and can have the equality in the society. Dharma's 7 limbs which are given by Chanakya which is related to constitution are: 1. Swamy (King) 2. Amatya (Ministers) 3. Janapada (People/Territory) 4. Durga (Fort/Capital) 5. Kosha (Treasury) 6. Danda (Punishment) 7. Mitra (Allies) 1. Swamy (King):- His role is to maintain law and order in the country, protect the Dharma and work for the development of the country or kingdom. Protect and make efficient strategies to defend his kingdom or country from the enemies and also he should be impartial in judicial system and look after his citizens like his own family. 2. Amatya (Ministers) The role of ministers is to suggest and help the king to rule correct path at the right time in assisting him to make the right decisions. They will also help the king by providing the information regarding the wants and needs of the people, emergencies faced by the people so that the required action can be taken by the king. 3. Janapada (People/Territory) The citizen of the country is very much important as they contribute to the country’s economy by paying taxes which is a significant source of money for the king. Also, they conduct trade activities, they show their artistic abilities, knowledge, skill etc., which in turns become the source of human resource for a country to grow. 4. Durga (Fort/Capital) The fort or capital of a kingdom is very much important, and it should be strengthened internally as well as externally. Act as safe havens in times of attack and it is the state's main administrative and economic hubs. The capital city, which serves as the kingdom's administrative, economic, and military center, it is the biggest of the fortifications(defence wall). Forts should be built with mud ramparts and parapets(walls) made of brick and stone, and it should be well stocked with requirements for a siege, including food and other requirement. 5. Kosha (Treasury) The kosha should be very rich so that it should have the capability of withstanding prolonged calamities. The developments that take place in the country can only happen when there is sufficient funds or strong treasury. Om Sai Degree College Page 1  India & Indian Constitution The major revenue for the kosha is taxes paid by the citizens. The kosha should also be strong enough to take up military expenditures. 6. Danda (Punishment) Danda can be taken to mean either force or justice. Fines, lifetime imprisonment and even the death penalty are used as sanctions for offenses and crimes. It has been used to maintain law and order in the country to reduce crimes. The punishments are based on the intensity of the crimes committed. 7. Mitra (Allies) Allies is very much important in terms of emergency situations such as Natural disasters, military emergency, food emergency etc., so the friendly allies helps the country to overcome the hardships strongly and also maintains peace in the society. Overall, these 7 limbs are the base of the constitution through which a country gets build in stronger way politically, economically, resourcefully to face the upcoming challenges and also to become model nation for the other countries in the world. Concept of Danda:- Danda means punishment which is given to the accused based on the crime committed. The punishment system depends on the country’s laws framed in the constitution. 1. Vak Danda 2. Dhana Danda 3. Dhik Danda 4. Bhada Danda  Vak danda: Here the punishment is given by warning through word of mouth to the accused.  Dhana danda: Here the punishment is given by levying heavy penalties or fines from the accused.  Dhik danda: Here the punishment is given to the accused by humiliating and also by condemning his unlawful acts.  Bhada danda: Here the punishment is given to the physically or to the physical body based on the intensity of the crime. Danda is very much important in the constitution as it regulates and maintains law and order in the society. It brings discipline and reduces the crime in the society. It also helps to uplift the Dharma in the society. In the house of Danda everybody is equally treated including the king. The respect to the constitution, respect and right of its people are safeguarded by the shield of Danda. BUDDHIST Buddhist thought, particularly the concept of Dhamma/Dharma, has the potential to influence political action in a way that aligns with the ideals of emancipation and ethical governance. While Buddhism is primarily a spiritual and philosophical tradition, it does offer insights and principles that can be applied to political contexts.  The Buddhist tradition definitely provided a greater ethical foundation to ancient Indian political thought and is particularly visible in the idea of ahimsa, kingship, religion etc.  Ambedkar explained the purpose of the Dhamma as the end of suffering and end of poverty. Dhamma becomes a “universal morality that protects the weak from the strong, and safeguards the growth of the individual”. Om Sai Degree College Page 2  India & Indian Constitution  Freedom in a political context can be seen as the liberation from suffering and cruelty, which aligns with the core goal of Buddhism – the end of suffering (Nirvana).  Buddhism emerged as a reaction against Vedic tradition. At the time, the Vedic tradition was spoiled by superstition, caste inequality and animal sacrifice. Buddhism renounced Varnasharam dharma, and promoted equality and ahimsa.  Buddhist tradition represents a Republican form of government. King is called Mahasammat who has been elected by the council. Early Buddhist texts also mention the qualifications of the citizens of such republics, such as moral goodness and discipline, etc.  Buddhist political tradition is idealistic in orientation. It lays great emphasis on the virtues of a King. Asvaghosha, in ‘Buddhacharit’, describes an ideal king as ‘atmajit’, one who has conquered himself.  According to him, a king should be calm, learned, generous and truthful. He should be loved by the people, rather than feared. He should also be a symbol of sacrifice to his people. According to Upinder Kaur, Buddhist texts overemphasize compassion.  The Buddhist tradition believes in the complete application of the principle of righteousness to the King’s internal administration and to his foreign policy.  A king should have learned and worthy ministers, and should devout himself to the welfare of the people. Ashoka in his laws advised kings to adopt the policy of non-aggression towards neighbor’s.  The Buddhist tradition rejected the Brahmanical ethics regarding treacherous war and questionable methods in war and diplomacy. A king rather wins others by Dharmachakra. Thus, Buddhist tradition enriched Indian political thought with ethical foundations. Philosophical and political foundations of Indian society by the impact of great thinkers:- 1. Raja Ram Mohan Roy (1772 -1833):-  Raja Ram Mohan Roy is called as father of Indian Renaissance, Father of modern India, first feminist of modern India.  He was a Brahmin by caste and a Hindu by religion. His main motto was to uphold the matter of Humanity and equality in the society.  He is also the founder of Brahmo samaj which was established in the year 1828. Roy also published a magazine called Samvada koumudi where he discussed about all the social evils and started to create awareness in the society.  He attempted to cleanse the Hindu society through Rationality.  The thought to fight against sati came to Roy by watching a fearful incident where his sister-in-law was forcefully pushed into the fire of her husband who was Roy's elder brother. So, at that moment Roy decided to eliminate the sati from the system and he succeeded by putting a petition to the British government regarding the abolition of sati and where the Governor General of India William Bentinck bought a law and abolished sati in the year 1829.  The Dharma sabra was completely against and started to oppose this sati abolition law where to stop this ram Mohan Roy went to England so that this must be completely and permanently get abolished for India and he succeeded.  He also fought against the child marriage and dowry. He supported for the western education and education of women, property rights if women.  He was against the Idol worship, so the Buddhist used to call him Anti-Buddhist. Om Sai Degree College Page 3  India & Indian Constitution  He also condemned(judged) and opposed Polygamy and many other superstitions.  So overall he changed the perspective of the Indian society and made the people understand that the God resides in everyone, and all should be treated equally, and nobody has the right to take the lives of others by keeping the Vedas, Upanishads, or other Hindu scriptures as a base. This is how philosophically and politically his ideologies impacted the Indian society. 2. Ranajit Guha (1923-2023)  Ranajit Guha is a Indian Historian. Who was one of the early pioneers of the subaltern study groups. He was the editor of several of the Group's Anthologies and wrote extensively both in English and in Bengali.  His South Asian studies focused on post-colonial and post imperial societies. He has also mentioned about the pre-colonial aspects.  He bought a major turn in the modern Indian history by dearly presenting the after impacts of the British rule to the people of the country to make them understand the sufferings of the people or society and how did the country overcome and built itself strongly.  He has also mentioned about the cunningness of the britishers in front of the people to make them understand the worth of the freedom they have got and how many lives and families were sacrificed to get the freedom and how the people should uplift and respect their sacrifices and to develop a responsibility as a citizen of this country to give a proper justice to the great sacrifices.  Being an Historian He has done his duty towards the country by providing the necessary facts and figures of the impact of the colonial attack where through this the people got awareness and started to think in the perspective that changed.  The mindsets of the people in respect to the colonial rule in all aspects became rational and they started to value the balidaans made by the great leaders and continue the same dignity to place our country In a better position economically, politically and also philosophically Contributions and impact of Britishers:- Colonial contributions and impact Social and Cultural Impact: Amid social issues like Sati, Child Marriages, Infanticides; ideas like Liberty, Equality, Freedom, and Human Rights were brought by the British. To improve the condition of women in society, various legal measures were introduced. British showed interest in introducing the English language in Indian society. (The vernacular languages were ignored) The British Parliament issued the Charter Act of 1813 by which a sum of ₹100000 was sanctioned for promoting western sciences in India Economic Impact: India became an economic colony of industrial England. Indian handloom weaving industry was hit by the industrialization in England and eventually collapsed. Indian handicrafts lost both domestic and foreign market. Land revenue experiments caused hardship to cultivators. Commercialization of agriculture hard hit the laborer's where numbers of landless laborer's increased. Om Sai Degree College Page 4  India & Indian Constitution Impact of British Rule – Positive Aspects 1. New Job Opportunities: The British introduce new job opportunities that were especially beneficial to the members of the lower caste. With these opportunities, there was a better chance of upward social mobility for them. 2. Development of Infrastructure: The British authorities built many important infrastructures such as hospital schools and the most important of all, railways. Of course, this was done not to enhance the lives of the local Indians but rather to facilitate their exploitation. 3. Protection from external enemies: India was known as the “jewel in the crown of the British Empire”. Thus, the British provided protection against like Persia and Afghanistan. Even other western nations like France were deterred from being too involved with India. Though a boon, it turned out to be a bane in the long run as it made India too heavily dependent on the British. 4. Education system: The britishers bought the western education system in English medium where they affiliated universities in Calcutta, Madras and Bombay. They introduced new concepts into the education system. 5. Judicial system: The britishers introduced a new system of law and justice in India those are Civil and Criminal courts. (it discriminated between the Europeans and Indians) Impact of British Rule – Negative Aspects 1. Destruction of Indian Industry: When Britain took over, they forced the governments to import goods from the British Isles rather than create their own products. This led to the local cloth, metal, and carpentry industries to fall into disarray. 2. British mismanagement led to scarcities: The British rule placed more emphasis on the cultivation of cash crops rather than growing crops that would feed India’s huge population. They imported food from other parts of the empire to feed its citizens. 3. The Divide and Rule Policy: The British realized that they could never rule a vast territory like India without breaking up strong kingdoms into small easily conquerable segments. The British Empire also made it a policy to pay religious leaders to speak out against each other, slowly poisoning relations between different faiths. 4. Indian Economy: Due in no small part to the unethical business practices of the East India Company it can be estimated that trillions were siphoned off by Britain. Such practices even destroyed the Indian industries and ensured that money flowing through the Indian economy ended up in the hands of London. It may seem that the British rule in India that transformed its society for the better. But upon closer examination, these benefits were purely coincidental, if not self-serving. Economic improvements were only enacted to better plunder the Indian economy. Even societal changes would have come out on their own without the need for British intervention. In the end, the negative effects of British Imperialism far outweigh the benefits. Om Sai Degree College Page 5  India & Indian Constitution CHAPTER - 2 POLITICAL VALUES & IDEALS Mahatma Gandhi (1869- 1948):-  Gandhiji was a lawyer, politician, social activist, writer and became the leader of the nationalist movement against the British rule of India.  Gandhiji was born in Porbandar, Gujarat in a brahmin family where he grew in the concept of Vaishnavism worship of the Hindu god Vishnu—with a strong teenage of Jainism.  Thus, he took for granted ahimsa (noninjury to all living beings), vegetarianism, fasting for self-purification, and mutual tolerance between adherents of various creeds and sects.  Gandhi took his studies seriously and tried to brush up on his English and Latin by taking the university of London.  Where he was unable to start a successful law practice, he moved to south Africa in 1893 to represent an Indian merchant in a lawsuit. He went on to live in south Africa for 21 years.  It was here that Gandhi raised a family and first employed nonviolent resistance in a campaign for civil rights.  Gandhi was quickly exposed to the racial discrimination practiced in south Africa he was beaten up by the white driver of a stagecoach because he would not travel on the footboard to make room for a European passenger, and finally he was barred from hotels reserved “for Europeans only.”  In 1915, he returned to India and soon set about organizing peasants, farmers, and urban laborer's to protest excessive land-tax and discrimination.  He entered the freedom struggle in India in the year 1921.  Gandhi led them in challenging the British-imposed salt tax dandi salt march in 1930 from sabarmathi ashram to dandi (24 days) and in calling for the British to quit India in 1942.  He was imprisoned many times and for many years in both south Africa and India. Concepts Non – violence and tolerance  Ahimsa means not torturing or killing others, however according to Gandhi, non-violence is when a person does not cause violence to other beings on earth through his thoughts, words, and actions, planning to harm others, speaking to hurt others, Gandhi believed that even causing trouble to others by doing actions is violence.  Gandhi asserted that a person who practices non-violence should not consider anyone as his enemy was by suggested Gandhi.  In simple terms, tolerance is the quality of respecting. Accepting and encouraging diversity around.  Further, tolerance represents a positive attitude that upholds the basic freedom or rights of others, and tolerance is considered a useful tool for settling peace rather than conflict.  Gandhi advocated the concept of sarva dharma sama bhava and held that the state should treat all religions as equal.  Gandhi during his lifetime worked hard to unite the Hindu and Muslim communities politically.  Concept of swadeshi represents the total environment surrounding the individual the concept of swadeshi broadly encompasses the social, religious cultural and political context of a person's place of origin many examples can be identified in India where this swadeshi concept was used as a tool of their struggle.  Gandhi also wanted to increase the opportunities of swadeshi by encouraging them to wear self-made clothes through charaka. Om Sai Degree College Page 6  India & Indian Constitution  In Gandhi's view, satyagraha was not the tool of the cowardly, the weak or the unarmed, but the tool of the strong and morally strong. Satyagraha is a non-violent means of trying to convert opponents to give up cruelty, inequality, untruth, and violence  Gandhiji started non-co-operation movement as there was severe economic problems faced by the Indians the main motto of this movement was to grant self-governance by revoking the cooperation of Indians from the British government.  While Gandhiji doing a non - cooperation movement in chauri chaura where the extremists groups attacked the police station and blasted it which killed 22 officers as it created violence, so Gandhiji stop the non- cooperation movement in a grief.  Gandhiji took up Dandi march on 1930 from Sabarmathi ashram to Dandi which was organized to go against salt tax laws setup by the British through non-violence.  He also started swadeshi movement to boycott the British goods and promote the Indian products by taking a stand to upbring the Indian industries.  He also conducted civil disobedience movement and quit India movement by moving a slogan as “do or die.”  All these movements were conducted by Gandhiji in order to get freedom through non-violence and also he worked a lot to bring harmony and unity among Hindus and Muslim community. He believed that all religions have the same purpose to work for. Maulana Abul Kalam Azad(1888-1958) Co-existence  Maulana Azad was the Islamic theologian, a poet, freedom fighter, educational reformer, and an Indian politician.  He is also known to become the youngest president of the INC. In the age of 12 only Azad was very much active in journalism.  In 1912 he began publishing a weekly Urdu language newspaper Al-hilal. Al-hilal was soon banned by British authorities in 1914.  Later he published another magazine Al-balagh which was again banned in 1916 by Britishers.  In 1929 he was released from prison after 4 years because of the revolutionary ideas he was imposing in the minds of people to make them aware of their responsibilities.  He was the leader of the Khilafat movement that happened India to support their fellow Muslims in Turkey.  As he was close to Gandhiji he participated in the salt satyagraha, noncooperation movements etc., As he liked the Gandhi's concept of nonviolence, he started to promote Gandhi's ideals, including promoting Swadeshi. He wrote many books such as India wins freedom, ghubare-khatir etc..,  He was the first education minister of India after independence & bought many changes. He advocated the idea of universalization of the basic education system and proposed the idea of free and compulsory education until secondary level for both boys and girls.  He was in favor of giving the rightful education place to the regional languages in education. He also supported education of women. He imparted several liberal arts, science, and technology institutions. Indian institute of technology, school of planning and architecture and the university grants commission.  All India council for secondary education commission in 1952 for reforming the structure of secondary schools. Om Sai Degree College Page 7  India & Indian Constitution  Literary, cultural, and scholarly institution such as sahitya academy, sangeet natak academy, lalit kala academy, Indian council for cultural relations.  Azad was against the idea of “TWO NATION” theory of Muhammad Ali Jinnah.  So, Azad always believed in the concept of co-exsistence and wanted to get the freedom for our country through unity. Bal Gangadhar Tilak (1856-1920) Swarajya  Lokmanya tilak was a scholar, mathematician, philosopher and a dedicated nationalist.  He was born in a middle class Brahman family.  He had a bachelor’s degree in mathematics and Sanskrit. He decided to teach mathematics in private schools in Poona. The school became the basis for his political career.  He turned towards the task of awakening the political consciousness of the people through two weekly newspapers that he owned and edited: Kesari in Marathi language and Mahratta in English language.  He required to widen the popularity of the nationalist movement by introducing the Hindu religious symbolism and by invoking popular traditions of the Maratha struggle against Muslim rule.  He thus organized two important festivals. Ganesha festival in 1893 and Shivaji Maharaj festival in 1895. (Shivaji Mahotsav)  His activities soon also brought him into conflict with British government which accused him and sent him to jail in 1897. The trial and sentence earned him the title Lokmanya. He was released after 18 months.  He supported the Bengali demand for the annulment of the partition and advocated a boycott of British goods later this was adopted by Gandhiji in non-cooperation with Sathyagraha.  He aimed at Swarajya, so he wanted congress party to adopt his militant program.  On that issue he clashed with the moderates taking advantage of the division the British government again accused Lokmanya on the charges of troublemaking and terrorism he was imprisoned fir six years in Burma (Myanmar) in Mandalay jail.  He settled down to write Shrimad Bhagavad-Gita Rahasya.  1914 on the eve of world war I he was released.  He came back to politics with inspiring slogan “Swarajya is my birth right and I will have it".  Tilak believed that swaraj was an ancient concept as did Dayananda Saraswati. The reason for this position was that the states in ancient India were politically, economically, and morally autonomous.  In this background it clears that tilak’s Swarajya concept represents the autonomy of ancient times and the democracy of modern times.  Swaraj was a concept consisting of the following four elements: SWARAJ, SWADESHI, NATIONAL EDUCATION, AND BOYCOTT.  The ruler and the ruled belong to the same country, religion, or race. A state system with good governance or rule of law. Swaraj in tilak's view is an attempt at self-restraint.  Later he rejoined the Lucknow pact. He realized that the labor party was a growing force in British politics, and he established firm relationships with its leaders.  His foresight was justified: it was a labor government that granted independence to India in 1947.  After his death Gandhi called him the maker of modern India and Jawaharlal Nehru called him as the father of the Indian revolution in the way of tribute. Om Sai Degree College Page 8  India & Indian Constitution Deen Dayal Upadhyay (1916-1968):- Integral Humanism EARLY LIFE  He was born in 1916 in the village of Nagla Chandraban, now called Deendayal Dham, near Mauthra District  His father, Bhagwati Prasad Upadhyaya, was an astrologer and his mother, Rampyari Upadhaya was a homemaker  Both of his parents died when he was eight years old and then brought up by his uncle EDUCATION  He attended high school in Sikar, Rajashtan  The Maharaja of Sikar gave him a Gold medal and monthly scholarship of Rs.10  He took a BA degree at the Sanatan Dharma College, Kanpur.  In 1939 he moved over to Agra and joined St. John's College, Agra to pursue a master's degree in English literature but could not continue his studies. JOINING RSS  While studying in SD college, he came into contact with RSS through a classmate in 1937  He started the monthly Rashtra Dharma from Lucknow in the 1940s. The publication was meant for spreading the ideology of Hindutva nationalism. Later he started the weekly Panchjanya and the daily Swadesh.  He met the founder of RSS(rashtriya swayamsevak sangh), K.B. Hedgewar He started full-time work in the RSS from 1942  He attended various training camps of RSS  He became a lifelong pracharak of RSS, after completing the 2nd year training in RSS Education Wing WORKING WITH BJS  In 1951, Syama Prasad Mookerjee founded the BJS (Bhartiya Jan Sangh) party  Upadhyaya was appointed as General Secretary of its UP branch and held this position for next 15 years ch and held this  He contested by-poll for the Lok Sabha Seat of Jaunpur from UP in 1963 but could not win  In the 1967, Lok Sabha election, BJS got 35 seats and became the third largest party in the Lok Sabha  He became the president of party in Dec, 1967. NON-CONGRESS COALITION  The BJS became the part of Northen states party's coalition i.e. Samyukta Vidhayak Dal  This was the anti-congress coalition Upadhyaya during his presidential speech in Dec, 1967 talked on multiple aspects of coalition. He developed the ideology of BJS. INTEGRAL HUMANISM  This concept was drafted by Upadhaya  It was adopted in 1965 as official doctrine of the BJS and has subsequently inherited by the BJP  According to this concept, Humankind consist of four parts body, mind, intellect and soul Even though there is diversity in humans, but still it is the soul or atman is the common among all  Thus, world may looks diverse but it is idea of Ekatmata or the unifying soul that infuses the world It is important to develop all elements of humankind i.e. body, mind, intellect and soul only then society will progress While material development is important for society but spiritual development is also important Om Sai Degree College Page 9  India & Indian Constitution IDEOLOGY Upadhyaya conceived the political philosophy Integral Humanism. This philosophy advocates the simultaneous and integrated program of the body, mind and intellect and soul of each human being. Deendayal Upadhyaya was convinced that India as an independent nation could not rely upon Western concepts like individualism, democracy, socialism, communism & capitalism. He was of the view that the Indian intellect was getting suffocated by Western theories He welcomed modern technology but wanted it to be adapted to suit Indian requirements. He believed in Swaraj ("self-governance"). He was the one who introduced Anthyodhay concept. MURDER? In December 1967, Upadhyaya was elected president of the Jana Sangh. In the evening of 10 February 1968, at Lucknow he boarded the Sealdah Express for Patna. The train reached Mughalsarai at about 2:10 AM but Upadhyaya was not found on the train. He was murdered under mysterious circumstances on 11 February 1968 while travelling. His body was found near Mughalsarai railway station in Uttar Pradesh 10 minutes after the train arrived. His body was lying near a traction pole. Vinoba Bhave (1895-1982) Voluntarism  Acharya Vinoba Bhave is Gandhiji's follower, influenced by Gandhi right from his student days, Vinoba spent most of his life with gandhiji.  Vinoba actively participated in various movements initiated by Gandhi in India.  Also, in 1940, Gandhi chose his follower Vinoba for a personal satyagraha, apart from this, after the death of Gandhiji, Vinoba was responsible for implementing his Sarvodaya concept.  Who was a beloved disciple of Gandhiji it is considered a great Gandhian.  He presented various ideas like Gandhiji in his speeches, works, articles and experiments and among them volunteerism was the main one.  Vinoba worked hard to bring social and economic revolution in India under Gandhiji's Sarvodaya concept in this regard Vinobaji believed in the necessity of various charities based on voluntary service. 1. Bhoo dana  Vinoba came forward to provide a solution to the problems of landless farmers.  The landowners volunteered to donate their surplus land for the benefit of the landless as a result Ramachandra Reddy donated his hundred acres of land on April 18, 1951 under the ideas of Swayamsevak for this purpose.  Vinobaji, who continued his padayatra, collided thousands of acres of land under the ideal of Swayamsevak and distributed it to the landless people.  This experiment was popularly known as the bhoo dana principle and was based on the people voluntarism. 2. Grama dana  After the success of the bhoo dana movement, Vinobaji advocated the concept of gram dana based on a broad form of self-service in Vinoba's opinion, the people of a village give up their private property voluntarily and transfer it to the village community. Om Sai Degree College Page 10  India & Indian Constitution  Under village donation, whether a family owns land or not, the total land of the village is distributed in proportion to the number of members of a family.  Each family has to keep enough produce for its own needs and give the surplus to the community, the produce collected by all the families of the villages sold and used for the development of the village.  Finally, the remaining income is divided among the family members proportionately.  In addition, a meeting of the village administration consisting of one representative from each family of the village was organized to deal with the problems of the village 33 remedial decisions are taken thus, a town in Uttar Pradesh, was the first to be subjected to village donation advocated under the ideals of self-sacrifice. 3. Dhana dana  Vinoba abstained from donation of wealth position was that wealth and money can cause confusion, mistrust.  However, due to the need for funds for the maintenance of the volunteers of the land donation movement, Vinoba offered to donate his wealth.  He called to voluntarily donate wealth to solve the problems of the poor.  He also advised everyone to donate a portion of their income to serve the needy.  Thus, the donation of extra wealth is a means to uplift the weak so he raised awareness regarding the donation of money. 4. Shrama dana  Vinoba wanted to eliminate the influence of money as a medium of exchange.  Thus, he advised to prevent the influence of money by donating physical labor.  According to him, instead of acquiring a particular good or service by paying money, one can control the demand for it by performing physical labor. Ex: If a person makes the clothes he needs by self-effort. Then there is no need for money.  Similarly, village development is possible if we show our own physical labor rather than paying taxes in the form of money and demanding various development measures from the government of village.  By donating public utility road, temple. He advised to join hands in the construction of lake and gardens.  Over Shrama dana a recreational thought based on the idea of self-sacrifice. 5. Buddhi dana Inculcating the importance of volunteering by intellectuals in the society with the help of literature, lecture, awareness articles is considered as Buddhi dana cannot participate in donation of land, wealth, labor among the people of professional class to participate in Swayamsevak, Bhave believed that intellectual donation is more beneficial than other voluntary activities and cannot be ignored. Vinoba is remembered for popularizing the value of volunteerism, which can bring happiness to both the person who performs the task and the person who receives its fruits. Even today we can observe that the ideal of self- service advocated by Vinoba is beneficial in solving many challenges in the society. Om Sai Degree College Page 11  India & Indian Constitution Chapter 3 Political Contribution Of Regional Freedom Struggle Kittur Rani Chennamma (1778-1829)  She was embodiment of independence and self-respect are exemplary for the contemporary generation.  Born in Kakati village near Belgaum. Belonging to Desai family of Kakati the Chennamma were well experienced in history, Mythology, literature and weaponry at the age of 15.  Chennamma was married to Mallasarja, the king of Kittur.  When Mallasarja died in 1816. A few days before his death, a boy named Shivalingappa was adopted and declared the heir to the Kittur kingdom.  At this time, Chennamma was overseeing the administration of kittur.  Chennamma decision to adopt Shivalingappa was not accepted by William Makepeace Thackeray the English collector in Dharwad. His plan was to somehow occupy the kingdom of Kittur.  He was supported by Chaplin, commissioner of Dakhan. They also informed to the governor of Bombay.  Thackeray himself went to kittur and temporarily appointed Mallappashetty and Venkata Rao.  They attacked the Kittur at 1824 the people of Kittur under the leadership of Chennamma got ready to fight against the British with Sangolli Rayanna, Chennabasavanna, Balappa meanwhile.  A bullet fired from Balappa’s gun hit British collector Thackeray. A soldier attached his head to the sword and held as a sign of victory the frightened British army left.  Hundreds of English soldiers died in his battle. Defeat at the battle of Kittur humiliated the British, the British decided to take revenge on Kittur bought troops(soilders) from different places such as Mysore, Solapur etc.,  The British army attacked to siege Kittur fort. Under the leadership of Chennamma, the Kannadiga’s fought continuously against the British for 12 days Chennamma's military powers and devotion shocked the British.  The guns was rendered useless because Venkata Rao and Mallappashetty who added mud to the gun powder and it did not work, at december 1824, kittur was captured by the British.  The British arrested Chennamma and imprisoned her in the prison of Balihongal, Chennamma hoped that her kingdom would one day become independent.  She spent her prison life in prayer, listening to puranas, worshiping shiva.  Eventually, Chennamma died in prison on February 21, 1829, due to illness, however, the heroes of Kittur continued to fight against the British.  In 1830, Kittur was completely captured by the British when Shivalingappa and 400 other soldiers surrendered to the British.  Chennamma’s name is eternal in the history of Indian freedom struggle Chennamma, who fought bravely against the British for the political independence of her state, initiated the future political struggle.  Chennamma's Success story is still sung by people in the form of poems. Hardekar Manjappa (1886-1947)  Hardekar Manjappa is a Kannadiga who is a political thinker, social reformer, writer, journalist.  He is famously known as Gandhi of Karnataka. Born in Banavasi Uttara Kannada.  Manjappa studied a school in Sirsi. He started his career as a teacher with a salary of Rs 7 per month.  However, in 1906, influenced by Tilak's Swadeshi movement. He resigned from the teaching profession.  Later, in September 1906, he started publishing a newspaper named “Dhanurdahri” from Davanagere. Om Sai Degree College Page 12  India & Indian Constitution  This paper used to publish Kannada translation of articles of Kesari, a Marathi newspaper published by Lokmanya Tilak in Maharashtra. The paper was shut down because the printers did not like the militant attitude of the paper.  In 1910, Manjappa decided not to marry at the age of 25, feeling that marriage was a hindrance to social service. In addition, he gave up salt, sour, spicy and sweet foods in order to complement celibacy.  In Davanagere in collaboration with Mrityunjaya Mahaswamy Manjappa started mass bhajan and commentary programme.  Next, in 1930, Manjappa started a monthly magazine called "Udyoga". Along with this, in 1931, he published a monthly magazine called “Sharanara Sandesha” which became his achievement.  Manjappa used to criticize the government's anti-people policies through his writings. As a result, Manjappa became popular with people. Slowly, Manjappa leaned towards Basavanna's scientific(systematic), rational(Balanced), equal opportunities preferences.  Manjappa's major contributions Establishment of Educational institute at Alamatti, Satyagraha Samaj organization in Hubli, Initiated a national movement for eradication of social evils among the people.  In 1935 Akka Mahadevi's Jayanthi celebrations were initiated for women's awareness, on banks of river Tungabhadra Established Sathyagraha Ashram in The Basaveshwara Seva Dal organized by Manjappa rendered good service during the Belgaum Congress session in 1924 This is henceforth known as Hindustan Seva Dal.  Manjappa used to criticize the policies of the government through his writings.  Such an effort was the foundation of democracy in the pre-independence period.  In this background, Manjappa is known as “Yuga Purusha of Karnataka.” With this, Manjappa became a role model for self-reliance and simple life for the people of Karnataka.  Manjappa is one of those who lived like ordinary among ordinary people and lived for those who were suffering from poverty. That is why he is called the “Gandhi of Karnataka.” Kamala Devi Chattopadhyay (1903-1988)  Kamala Devi Chattopadhyay was an Indian social reformer and freedom activist.  She was born in Mangaluru, Karnataka.  She was most remembered for her contribution to the Indian independence movement for being the driving force behind the renaissance of Indian handicrafts, handlooms, and theatre in independent India and for upliftment of the socio-economic standard of Indian women by pioneering the co-operation.  She is the first lady in India to stand in elections from Madras Constituency. While she lost in the election, she established the path for women in India.  Several cultural institutions in India today exist because of her vision, including the National School of Drama, Sangeet Natak Academy.  She was married in 1917 at the age of 14 but was widowed two years later.  She came to know Suhasini Chattopadhyay, a fellow student and the younger sister of Sarojini Naidu, who later introduced Kamaladevi to their talented brother, Harindranath Chattopadhyay, by then a well-known poet- playwrightactor.  It was their mutual interest in the arts, which brought them together.  When she was twenty years old, Kamaladevi married to Harindranath. Om Sai Degree College Page 13  India & Indian Constitution  Shortly after their marriage, Harindranath and kamala devi left for London, on their first trip to abroad, and a few months later Kamaladevi joined him, where she joined University of London, and later she received a diploma in Sociology.  While still in London, Kamaladevi came to know Mahatma Gandhi's Non-cooperation Movement in 1923, and she promptly returned to India, to join the Seva Dal.  During her tenure, she travelled extensively to many European nations and was inspired to initiate several social reform and community welfare programs, and set up educational institutions, run for and by women.  She was a part of the seven-member lead team, announced by Mahatma Gandhi, in the famous Salt Satyagraha 1930, to prepare Salt at the Bombay beachfront.  When World War II broke out Kamaladevi was in England, and she immediately began a world tour to represent India's situation to other countries and drum up support for Independence after the war.  She acted in the first silent film of Kannada film industry, Mricchakatika , she has also acted in a 1943 Hindi film, Tansen and many more.  Independence of India, brought Partition in its wake, and she plunged into rehabilitation of the refugees.  Her first task was to set up the Indian Cooperative Union to help with rehabilitation.  She worked tirelessly in helping the refugees to establish new homes and new professions; for this they were trained in new skills.  She also helped set up health facilities in the new town.  The Government of India conferred on her the Padma Bhushan in 1955, and the Padma Vibhushan in 1987. Overall these great freedom fighters have supported and contributed politically, socially for their respective regions which has benefitted to the country as whole. Because of their works the women has got their equal rights, courage to fight against the evil, understood the value of the freedom and country as a family concept etc., they fought tirelessly with constant determination for the freedom and spreading the awareness to the world which was essentially required for the people to know and understand. Without these people we couldn’t enjoy our freedom and also couldn’t share our thoughts publicly Om Sai Degree College Page 14  India & Indian Constitution Chapter-4 Historical background of constitutional development In India. Developments Between 1857 to 1952:- Revolt of 1857 MAY, 1857 Revolt of 1857 erupted. Structural administrative problems of EIC got highlighted. Military inefficiency of EIC came to the notice of British Parliament. I. Government of India Act of 1858 British Govt. now wanted direct control over India's administration. August 2, 1858- GOI Act, 1858 was passed. Thereby, EIC was abolished & all its powers transferred to British crown. Thereby, Company Rule ended & Crown Rule started. Also known as "Act for Good Govt. " of India. Governor General. Of India's designation Changed →Viceroy of India First Viceroy-Lord Canning Ended system of double govt, by abolishing Board of Control &Board of Director It created office of Secretary of state(SOS) for India 1st Secretary of State for India- Lord Stanley Member of British Cabinet Responsible to British Parliament. Established 15 member council of India to assist the secretary of state for India. II. Indian Council Act of 1861:;- Made beginning of representative institutions by associating Indians with law making process. Viceroy will nominate some Indians as Non- Official members. Nominated 3 Indians ♣Raja of Benaras ♣Maharaja of Patiala ♣Sir Dinkar Rao Decentralized legislative powers of the Governor General's Council Vested them in the Govt. of Bombay & Madras. Established new legislative councils for Bengal, North- Western Frontier provinces(NWFP) & Punjab. Act gave recognition to Portfolio system. III. Indian Council Act of 1892:- Pressure of Indian National Congress, which came into game in 1885. The size of the Legislative Council was increased from 10-16 Empowered legislative council with: ♠Power of discussing budget. ♠Power of addressing questions to executive. Non-official members of Indian Legislative Council →Nominated by Bengal Chamber of Commerce & Provincial Legislative Councils. Non-official members of Provincial legislative council →Nominated by local bodies such as Universities, zamindars, municipalities etc. IV. Indian Councils Act, 1909 – Morley Minto Reforms:;- Also known as "Morley-Minto Reforms ". Secretary Of State-Morley, Viceroy-Minto Om Sai Degree College Page 15  India & Indian Constitution Bengal partition- Lord Curzon in 1905. All India Muslim League- Jinnah in 1906 Also known. Increased the size of legislative council from 16-60 Provided the association of Indians with executive council of Viceroy & Governors. Satyendra Prasad Sinha -First Indian to join Viceroy’s Executive Council. Provided for separate representation of presidency corporations, chamber of commerce, universities & zamindars. Introduced a system of Communal representation(Divide & Rule) Gives separate electorate to Muslims. "Legalized communalism" Muslim members were elected by Muslim Voters only. V. Government of India Act, 1919 – Montagu Chelmsford Reforms:- Montagu- Secretary Of State, Chelmsford- Viceroy World War I came to end.(Battle was won by Britishers) Britishers became weak. Mahatma Gandhi came from South Africa Congress raised demand of Provincial Autonomy 1. Division of Power 2. Bicameralism(2 houses) Created new office of High Commissioner for India in London. Established Central Public Service Commission in 1926. Act provided voting rights to Indian Women. Extended Communal electorates for Sikhs, Christians Anglo-Indians & European. Separated provincial Budget from Central Budget, Dyarchy, a scheme of Dual Governance was introduced in the Provincial Subjects, it was divided into Reserved and Transferred. The transferred list included agriculture, health, education, and supervision of the local government. The Transferred list was Administered by Governor with of ministers Responsible to Legislative Council. The reserved list included communications, foreign affairs, defense; this transferred list was Administered by Governor with Executive council of ministers not Responsible to Legislative Council. Governor was empowered to reserve a Bill for the consideration of the Governor General if it was related to some specified matters. Indian Legislature was made "Bi-cameral”. Upper house was named "Council of States ".Lower house was named "Legislative Assembly". Appointment of statutory commission to report on "GOI 1919" working after 10 years. November 1927 Simon Commission The Governor General's/ Viceroy Of India overriding powers in respect of Central Legislation were retained as follows His prior sanction was required to introduce Bills relating to certain matters. He had Veto powers. He could make Ordinance. He had power of certifying Bill or any grant refused by Legislature. Om Sai Degree College Page 16  India & Indian Constitution Simon Commission Nov. 1927- Seven-member committee under Chairmanship of Sir John Simon. All members were Britishers-> Indians boycotted it. Recommendation:♦Abolition of dyarchy. ♦Extension of responsible govt. in provinces. ♦Continuation of communal electorate. VI. Government of India Act 1935:- Growing demand of constitutional reforms in India by Indian leaders. Act was based on: 1. Simon Commission report. 2. Recommendation of Round Table Conference(Nehru Report). 3. Joint selected committee report Longest Act enacted by British Parliament at that time. Act separated Burma from India & two new provinces of Sind & Orissa were created. Creation of an All India Federation(a group of states) : Federation was to consist of British India & Princely States.Not compulsory for princely states. Introduced bicameralism in six (Bengal, Bombay, Madras, Assam, Bihar, United Provinces) out of 11 British India Provinces. Apart from Governor General's power of veto, a Bill passed by the Central Legislature was also subjected to Veto by the Crown. A federal railway authority established. Extended communal electorate for SC’s, Women & Labours. Establishment of the Federal Public Service Commission (FPSC), a Provincial Public Service Commission (PPSC) in each province, and the JPSC. Creation of the Federal Court in 1937. Due to the length of Government of India Act 1935, it was divided into 2 separate Acts Act divided legislative powers between centre & provinces 1. The Legislature in the provinces were enlarged. 2. As per the Act, the powers were divided into Federal List, Provincial List and Concurrent List. Establishment of RBI VII. Cripps Mission – 1942:- In the beginning of World War II British Forces had suffered Heavy Defeats at the hands of Japanese Army Japanese Forces Occupied Malaya and drove the British Troops from Malayan Peninsula. Their Aircraft bombed Singapore & Had Invaded Hong Kong & Phillipines. Winston Churchili , British Government did not want to lose INDIA. So, they felt the necessity of revising and softening their attitude towards demand of INDIAN'S Winston Churchili In Order to win over the sympathies of the Indian Masses & political parties during the 2nd World WarBritain had to do something. In March 1942 Cripps Mission was sent to India under the leadership of Sir Stafford Cripps. Some of the proposals given by the Cripps Mission are:- 1. Dominion status would be given to India, after the 2nd World War. 2. Once the Second World War ends, an elected body would be set up in India for framing of Indian Constitution. Om Sai Degree College Page 17  India & Indian Constitution 3. Right to Secede(separate):- Cripps Mission 1942 Provinces unwilling to join the Indian Union could have a separate Constitution and can form a separate Union. 4. Congress did not liked the Cripps Proposal as every proposal was to be fulfilled after the War. 5. During Lahore session Congress Changed its goal from Dominion Status to Poorna Swaraj. 6. Right to Secede(separate) this was not liked by the political party. 7. Almost all the Parties and sections in India rejected the proposals given by the Cripps Mission IX. Mountbatten Plan – Indian Independence Act – 1947:- 20 FEB 1947 HOUSE OF COMMONS ,British would quit India after transferring power into the responsible hand not later than 3 June 1948. Mountbatten Plan Partition  British India was partitioned into India and Pakistan with effect from 15th August 1947. Partition of the provinces of Bengal and Punjab between the two new countries. A boundary commission was appointed for the partition of Bengal and Punjab- Sir Cyril Radcliff. Conferred(discussed) complete legislative authority to the constituent assembly. Established Governments in Both provinces & states IX. Mountbatten Plan – Indian Independence Act – 1947 20 FEB 1947 HOUSE OF COMMONS ,British would quit India after transferring power into the responsible hand not later than 3 June 1948. Mountbatten Plan Partition  British India was partitioned into India and Pakistan with effect from 15th August 1947. Partition of the provinces of Bengal and Punjab between the two new countries. A boundary commission was appointed for the partition of Bengal and Punjab- Sir Cyril Radcliff. Conferred(discussed) complete legislative authority to the constituent assembly. Established Governments in Both provinces & states X.1950: Adoption of the Indian Constitution: India adopted its own constitution on January 26, 1950, which came into effect, marking the country's transition to a republic. Dr. Rajendra Prasad became the first President of the Republic of India. Composition and debates of Constituent Assembly Composition:- 1. The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be allotted to British India and 93 seats to the princely states. Out of 296 seats allotted to British India, 292 members were to be drawn from the 11 governors’ provinces (Madras, Central Provinces, Bihar, Orissa, the United Provinces, the Bombay Presidency, Assam, the North-West Frontier Province, Bengal, Punjab and Sind.) and four from the 4 Chief Commissioners’ provinces(Delhi ,Ajmer,Coorg,Baluchistan) one from each. 2. Seats were to be distributed proportionally to the population of each province and princely state (or group of states in the event of tiny states). One seat was supposed to be allocated for every million people. 3. In accordance with their numbers, seats given to each British province were to be split among the three main communities–Muslims, Sikhs, and General (all save Muslims and Sikhs). Om Sai Degree College Page 18  India & Indian Constitution 4. Members of each community were to elect their representatives in the provincial legislative assembly, and voting was to be done using the proportional representation method with a single transferable vote. 5. The princely states' representatives were to be chosen by the princely states' heads. As a result, it is apparent that the Constituent Assembly was to be a body that was to be partially elected and partly appointed. Furthermore, the members were to be elected indirectly by provincial assembly members, who were elected on a limited franchise. 6. In July-August 1946, elections to the Constituent Assembly (for 296 seats apportioned to the British Indian Provinces) were held. The Indian National Congress gained 208 seats, the Muslim League 73, and the remaining 15 seats went to tiny groupings and independents. The 93 seats given to princely states, however, were not filled because they chose to boycott the Constituent Assembly Working Of the Constituent Assembly The first meeting of the Constituent Assembly took place on December 9, 1946 at New Delhi with Dr Sachidananda Sinha being elected as the interim President of the Assembly. Later, Dr. Rajendra Prasad was elected as the President of the Assembly. Similarly, both H.C. Mookherjee V and V.T. Krishnamachari were elected as the Vice-Presidents of the Assembly. Total 211 members attended the first meeting of Constituent assembly Functions Performed by Constituent Assembly: Nurturing the Nation Making of the Constitution and enacting of ordinary laws Approved India’s membership of the Commonwealth(Nationality) in May 1949. Adopted the National Flag on July 22, 1947. Adopted the National Anthem on January 24, 1950. Adopted the National Song on January 24, 1950. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950. OBJECTIVES RESOLUTION:- ‘Objectives Resolution’ was passed by Jawaharlal Nehru in the session of the constituent assembly. These resolutions were some guiding principles that helped our leaders in drafting the Constitution of India. These principles were- That India will be an Independent, Sovereign, Republic. It will be a democratic country It will ensure all citizens of justice, equality, and freedom It will safeguard the interests of minorities, tribes, and depressed classes It will work for world peace and the welfare of all mankind. Meaning of debates in constituent assembly The debates and discussions held by the Constituent Assembly members during the process of drafting the constitution of India are known as Constituent Assembly Debates or CADs. The Constituent Assembly sat for the first time on 9th December 1946. Over the next 2 years and 11 months, the Assembly sat for a total of 167 days to frame the Indian Constitution. The final session of the Constituent Assembly took place on 24th January 1950. Constitution assembly Debates:- The Constituent Assembly spent a total of about 165 days in framing the Constitution. Om Sai Degree College Page 19  India & Indian Constitution 1. Clause by clause discussion was done for about 101 days where the members discussed the text of the Constitution. 2. About 36 lakh words were spoken in all and Dr. B. R. Ambedkar had the distinction of having spoken the most number of words. 3. Fundamental rights, included in Part III, was debated for about 16 days, i.e., about 14% of the clause by clause discussion. 4. The Directive Principles of State Policy (included in Part IV) was discussed for about 6 days (about 4%). 5. The concept of citizenship formed about 2% of the clause by clause discussion among the eminent members of the Assembly. This was included in Part II 6. The members of the Drafting Committee had a higher share in the discussions since they frequently responded to what other members had to say on various issues. 7. Altogether, women members contributed to about 2% of the discussions. - There were only 15 women members in the Assembly and out of them, only 10 took part in the debates - Freedom fighter and Congress member, G Durgabai, spoke the maximum number of words among women members. 8. Compared to members from the princely states who were nominated to the Assembly, the members from the provinces took a more active part in the debates. - Members from provinces contributed to about 85% of the discussions whereas princely states’ members contributed to about 6% Major committees of Constituent Assembly:- 8 Major Committees of Constituent Assembly Chairman Union Powers Committee Jawaharlal Nehru Union Constitution Committee Jawaharlal Nehru Provincial Constitution Committee Sardar Patel Drafting Committee Dr. B.R. Ambedkar Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Sardar Patel Areas Dr. Rajendra Rules of Procedure Committee Prasad States Committee (Committee for Negotiating with States) Jawaharlal Nehru Dr. Rajendra Steering Committee Chairman Prasad Minor Committees Of Constituent Assembly:- Committees of Constituent Assembly Chairman Finance and Staff Committee Dr. Rajendra Prasad Om Sai Degree College Page 20  India & Indian Constitution Credentials Committee Alladi Krishnaswami Ayyar House Committee B. Pattabhi Sitaramayya Order of Business Committee Dr. K.M. Munshi Ad-hoc Committee on the National Flag Dr. Rajendra Prasad Committee on the Functions of the Constituent Assembly G.V. Mavalankar Ad-hoc Committee on the Supreme Court S. Varadachari Committee on Chief Commissioners’ Provinces B. Pattabhi Sitaramayya Expert Committee on the Financial Provisions of the Union Constitution Nalini Ranjan Sarkar Linguistic Provinces Commission S.K. Dar Special Committee to Examine the Draft Constitution Jawaharlal Nehru Press Gallery Committee Usha Nath Sen Ad-hoc Committee on Citizenship S. Varadachari Drafting Committee:- Drafting committee is a group of people who sit together to draft or frame a constitution. Drafting committee was formed with 7 members, under the chairmanship of Dr. B.R. Ambedkar along with a constitutional advisor B N Rao The committee studied the constitutions of various countries and took the good features from every constitution and included them in the Indian Constitution. The draft was prepared by February 1948. Constitutions of India taken from various countries:- From U.K.-Nominal Head-President, Cabinet System of Ministers. Post of PM. Parliamentary Type of Govt. Bicameral Parliament, Lower House more powerful. Council of Ministers responsible to Lower House, Provision of Speaker in Lok Sabha From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court, Head of the state known as president, Provision of states, Judicial review From Australia- Concurrent List, Centre-State relationship, Language of the Preamble From USSR-Fundamental Duties, Five year plan From Germany- Emergency provisions From Japan-Law on which the Supreme Court functions From Canada-Federal System and Residuary powers Om Sai Degree College Page 21  India & Indian Constitution From South Africa Procedure of constitutional amendment From Ireland-Concept of Directive Principles of state policy A total of seven members made up the prominent Drafting Committee. These members are B.R. Ambedkar – Chairman Alladi Krishnaswami Ayyar K.M Munshi B.L. Mitter D.P. Khaitan Mohammad Saadulla N. Gopalaswami Working Of Drafting Committee:- The Drafting Committee began analyzing the Draft Constitution submitted by the Constitutional Advisor, Sir B. N. Rau (Sir Benegal Narsing Rau), in October 1947. The task of preparing the new constitution was assigned to the drafting committee. On August 29, 1947, a drafting committee was formed under the chairmanship of Dr. BR Ambedkar. The drafting committee published the first draft of the would-be constitution on 21st February 1948. The Indian people were given eight months to debate the document and offer revisions. After hearing the feedback from the public, the necessary amendments were made and the following draft of the constitution was published in October 1948. Om Sai Degree College Page 22  India & Indian Constitution Chapter-5 Philosophy & Features of Indian Constitution. Introduction:;- The Indian Constitution is a remarkable document that has had a profound impact on India and the world. A constitution means a document having a special legal sanctity which sets out the frame work & the principle functions of the organs of the government of a state & declares the principles governing the operations of those organs It declares the powers & duties of the government & guarantee certain rights to the people in it Organs :- Legislature :-the part that makes laws. Executive :- the part that carries out (executes) the laws Judiciary:- the courts that decide if the law has been broken. Time line:-  In 1922 Mahathma Gandhi put forward the idea, That India's policy should be determined by Indian’s themselves.  In 1934 M.N Roy first time put forward the idea of constitution assembly  In 1935, Indian National Congress demanded a constituent assembly to frame the constitution of India (officially)  In 1938 Jawaharlal Nehru declared that Constitution Of Free India must be framed without outside interference.  In 1940, the British Government accepted the demand of CA(Constituent Assembly)  In 1942,Cripps Mission, Sir Stafford Cripps, came to India with a proposal on the framing of an Independent constitution, but the Muslim league rejected the proposal  2 separate CA In 1946, Cabinet Mission rejected idea of 2 CA but put forward schemes for CA which satisfied Muslim league. Constitution Assembly was constituted (created) in November 1946  December 6th 1946 first meeting of the constituent assembly  December 11th 1946 Dr Rajendra Prasad elected as its president  August 29th 1947 Drafting committee appointed  November 4th 1947 draft constitution submitted  November 26 1949 drafting completed  January 24th 1950 the hand written constitution signed  Jan 26 1950 constitution legally enforced  Time taken to prepare the final draft is 2 years 11 months 18 days Preamble :- It is derived from Latin word “PREAMBULUS”(introduction) A statement made in the beginning of something can be termed as preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: Om Sai Degree College Page 23  India & Indian Constitution JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship, EQUALITY of status and of opportunity, and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation, IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HERE BY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Key words in the Preamble We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power. Sovereign :- Sovereign means India is not dependent on or dominion of any country. It has a free government, which is directly elected by the people and make laws that govern the people. Socialist:- Indian socialism is 'democratic socialism' which holds faith in a 'mixed economy', where both public and private sectors co-exist. Democratic socialism aims to end poverty, ignorance and inequality of opportunities. Secular:-The Indian Constitution represents the concept of secularism i.e., all religions in our country have the same status and support from the state, irrespective of their strength. Democratic The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election. Republic:- The term 'republic' in our preamble indicates that the head of the state is always elected directly or indirectly for a fixed period. India's elected head is the president, who is elected indirectly for a fixed period of five years. Objectives:- ☺Justice(equal treatment for all ) ☺Equality(everyone treated equally) ☺Liberty(freedom) ☺Fraternity(single citizenship) Nature Of Indian Constitution Unitary system is composed of one central government that holds all the power. Federal system divides power between national and local forms of government. India is a federal country. Features of constitution:- 1. Preamble: The Constitution begins with a preamble that outlines the ideas and objectives of the Constitution, such as justice, liberty, equality, and fraternity. 2. 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. 3. Rigid and Flexible Constitution: The Constitution of India combines the rigid and flexible methods of amendment. It is partly rigid and partly flexible. This has been achieved 4. Federal Structure with Unitary Bias: India has a federal structure with a division of powers between the central government and the states. However, in certain circumstances, the Constitution allows for a unitary form of government. 5. Fundamental Rights: The Constitution guarantees fundamental rights to all citizens, including the right to equality, freedom of speech and expression, right to life, and protection against discrimination. 6. Fundamental Duties: Added through the 42nd Amendment in 1976, fundamental duties are a set of moral obligations for citizens to uphold the unity and integrity of the country. Om Sai Degree College Page 24  India & Indian Constitution 7. Separation of Powers: The Constitution provides for the separation of powers among the legislature, executive, and judiciary to prevent any one organ from acquiring arbitrary power. 8. Universal Adult Franchise: The Constitution grants the right to vote to all citizens above the age of 18, irrespective of caste, belief, religion, or gender. 9. Reservation Policy: To address historical social and economic inequalities, the Constitution provides for the reservation of seats in educational institutions and government jobs for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). 10. Drawn from Various Sources:-The Constitution of India has borrowed most of its provisions from the constitutions of various other countries as well as from the Government of India Act of 1935 [About 250 provisions of the 1935 Act have been included in the Constitution]. Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the world’. Contribution of Dr. B R Ambedkar in making Indian constitution:-  Chairmanship of the Drafting Committee:Dr. Ambedkar was appointed as the Chairman of the Drafting Committee of the Constituent Assembly in 1947. This committee was responsible for framing the Constitution of India.  Principal Architect(planner) of the Constitution:Dr. Ambedkar is often acknowledged as the principal architect of the Indian Constitution. His deep understanding of constitutional law, political philosophy, and social issues made him a key figure in shaping the constitutional framework  Incorporation of Fundamental Rights:Dr. Ambedkar emphasized the need for fundamental rights to safeguard individual liberties. He played a significant role in the inclusion of a comprehensive set of fundamental rights in the Constitution.  Champion of Social Justice:As a prominent supporter for the rights of sidelined and troubled communities, particularly the Scheduled Castes (Dalit's), Dr. Ambedkar ensured that the Constitution reflected principles of social justice. He worked to eliminate untouchability and promote equality.  Drafting of Directive Principles:Dr. Ambedkar played a key role in the formulation of the Directive Principles of State Policy. These principles guide the state in matters related to social and economic justice and were designed to promote the welfare of all sections of society.  Uniform Civil Code and Social Reforms:Dr. Ambedkar supported for a Uniform Civil Code to promote gender equality and social justice. He also championed social reforms and the eradication of caste-based discrimination.  Drafting a Secular Constitution:Dr. Ambedkar was committed to the idea of a secular state. The Constitution reflects his vision of a nation that ensures freedom of religion and equal treatment for all citizens, regardless of their faith.  Efforts to Address Minority Concerns:Dr. Ambedkar worked to address the concerns of religious and linguistic minorities. Provisions were made in the Constitution to protect their rights and interests.  Contribution to Debates and Discussions:Dr. Ambedkar actively participated in debates and discussions within the Constituent Assembly, defending his views on various issues. His speeches and interventions during the debates are considered crucial in shaping the final constitutional text.  Commitment to Democracy:Dr. Ambedkar was committed to the principles of democracy and constitutional governance. He played a key role in defining the structure of the Indian state and the distribution of powers among different branches of government. Om Sai Degree College Page 25  India & Indian Constitution Dr. B.R. Ambedkar legacy in the framing of the Indian Constitution is significant, and his efforts toward ensuring justice, equality, and the protection of individual rights continue to influence the democratic ethos of the nation. Contribution of Pandit Jawaharlal Nehru in making Indian constitution:- Leadership in the Independence Movement: Nehru was a prominent figure in the Indian independence movement and played a crucial role in the struggle against British colonial rule. His leadership and commitment to the cause of independence were instrumental in shaping the political landscape. Vision of a Democratic and Secular India: Nehru had a vision of India as a democratic and secular nation. His commitment to democratic principles and the idea of a secular state is reflected in the Preamble of the Indian Constitution. The Objectives Resolution: Nehru moved the historic "Objectives Resolution" in the Constituent Assembly on January 22, 1947. This resolution laid down the foundational principles that would guide the drafting of the Constitution, including justice, liberty, equality, and fraternity. Advocacy for Socialism and Economic Planning: Nehru was an advocate of socialism and economic planning. His ideas influenced the incorporation of socialist principles in the Directive Principles of State Policy in the Constitution. Establishment of Planning Commission: Nehru played a key role in establishing the Planning Commission in 1950, which was responsible for formulating plans for economic development and social justice. This laid the groundwork for India's planned economic development. Industrialization and Infrastructure Development: Nehru’s emphasis on industrialization and infrastructure development aimed to modernize the Indian economy. Initiatives such as the establishment of public sector industries and the creation of the Bhakra Nangal Dam were part of this vision. Initiatives in Education: Nehru focused on promoting education as a means of national development. His government worked on expanding educational infrastructure and access, including the establishment of the University Grants Commission (UGC). Jawaharlal Nehru's contributions to the making of India were diverse and influential, shaping the country's vision of a democratic, secular, and socialist India continues to influence the nation's trajectory Om Sai Degree College Page 26  India & Indian Constitution Chapter-6 Working of the constitution Fundamental Rights =>A) Right to equality(14-18) 1. Article 14 Equality Before Law: The Constitution as per this Article makes it clear that the State cannot deny equality before law and equal protection of law to its citizens. This act upholds the rule of law in the country. Equality before law means That no one is above the law and all are equal in the eyes of political law. It also implies that every person has equal opportunity to sue in courts Similarly, equal protection of law means equal punishment of two different classes of persons who have committed the same crime 2. Article 15 Prohibition of Discrimination: This Article of the Constitution prohibits discrimination on the basis of place of birth, race. Caste, sex, religion. Any person to public places like shop, school college, movie theater on the basis mentioned earlier. 3. Article 16 Equality of Opportunity: This Article of the Constitution provides equal opportunity to citizens of India to hold public office or service. It has promised that in the appointment of public Le. government posts, superiority will be based without discrimination on the basis of birth, sex, caste and religion.. 4. Article 17 Abolition of untouchability: According to this article the obscurity prevailing in Indian society since ancient times is abolished and the observance of obscurity in any form is prohibited. In India, the ambiguity that was followed with the feeling of upper-lower, lap-mile was a hindrance to social equality. 5. Article 18 Abolition of Titles: Before independence, British government used to give titles like Rao Saheb, Rao Bahadur etc. to some citizens Such action of the government increased the possibility of creating an artificial gap between citizens and threatening social equality.Article 18 talks about the abolition of titles. It says: No title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign State. =>B) Right to Freedom (Articles 19 – 22) Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as: Freedom of Speech & Expression Freedom of Movement. Freedom of Assembly without arms Freedom of Association Freedom to Practice any profession Freedom to Reside in any part of the country 1. Guarantee of various 6 freedoms in the article As Per Article 19:- A. Freedom of Speech and Expression: This freedom gives freedom to all citizens of India to express their ideas, opinions and beliefs. This freedom includes individual expression in the form of speech, writing, visual art etc... B. Freedom of Assembly: This freedom allows citizens of India to assemble peacefully and unarmed. It also allows for public meeting. procession or demonstration. C. Freedom of association: This freedom allows the citizens of India to form various associations or cooperatives to protect their interests, Citizens have got the opportunity to form and continuously maintain these political parties, clubs, companies, labors associations, etc. D. Freedom of Movement: This freedom allows the citizens of India to move freely throughout the territory of India. A citizen enjoys freedom of movement from one state to another and from one state to another within the Om Sai Degree College Page 27  India & Indian Constitution Union of India. This freedom helped to eradicate the isolation and create a strong nationalism among the citizens of different parts of the Indian Union. E. Freedom of Residence: Under this freedom, Indian citizens are allowed to settle in any part of India. This enables citizens to have their permanent place of residence in one place and temporary place of residence elsewhere. Freedom of residence helps in creating nationalism by removing the regional and political linguistic narrowness among the citizens of the country F. Freedom of profession or occupation: This freedom allows citizens to pursue a profession as they see fit. Freedom of occupation is broad and allows a citizen to earn his living through any trade, business or activity But the government may prescribe specific qualifications for certain professions Besides, professions harmful to public interest like child selling, drug selling, ammunition trading etc will be restricted by government 2. Article 20 Protection against Punishment of Offenses: This Article of the Constitution provides protection to the accused citizen or foreign national against illogical or excessive punishment. The defense against this punishment gives the accused the following three opportunities.  That Punishment should be imposed only in case of offence as per the law in force and no more punishment than that prescribed by the law in force can be imposed.  That No person shall be tried or convicted more than once for the same offence  A person who has committed a crime cannot be compelled to testify to his crime. 3. Article 21 Guarantee of right to life and liberty of the individual: Under this Article of the Constitution every person in India i.e. citizens and foreigners are guaranteed life and liberty. The courts have recognized innovative rights such as health, housing, privacy, foreign travel, speedy justice, free legal aid, freedom from violence in custody, pollution-free environment etc. under the right to life and liberty. 4. Article 22 Protection against arrest and restraining order: Under this Article of the Constitution certain protections are provided to a person arrested. This section provides that a person who is arrested under the common law shall know the reason for the arrest, the arrested person to have a lawyer on his behalf. provide an opportunity to be produced before a judge within 24 hours excluding travel time and to be released after 24 hours if the judge does not extend the detention. =>C. Right against Exploitation (Articles 23 and 24): 1. Article 23 Prohibition of Human Trafficking and Forced Labor: This Article of the Constitution prohibits the sale or purchase of any man, woman or child as commodities. Article 23 prohibits forced labor against a person's will, similar to beggar and which is a form of bonded labor 2. Article 24 Prohibition of Child Labor: This Article of the Constitution prohibits the employment of children below the age of 14 years in hazardous work such as industry, mining, construction, railways etc. It also prohibits recruitment of youth between the ages of 14 and 18 in certain hazardous occupations and activities. Along with this, severe penalties have been added to those who practice child labor. D. Right to Freedom of Religion (Articles 25 to 28): 1. Article 25 Freedom of Religion, Observance and Propagation: According to this article of the constitution every citizen has the freedom to believe in the religion he thinks fit, to follow the worship, festival, celebration, symbols of that religion and to propagate it to others. 2. Article 26 Freedom to carry on religious affairs: Under this Article of the Constitution citizens of India have been given the right to establish and run religious or charitable institutions. The institutions thus established are Om Sai Degree College Page 28  India & Indian Constitution given the freedom to carry out their own activities in relation to religious matters, to have their own immovable property and heritage and to conduct religious institutions in accordance with the laws in force 3. Article 27 Freedom to Impose Religious Tax: This Article of the Constitution gives Indian citizens the freedom not to allow the growth or maintenance of any religion. Even the government cannot use the tax money of the citizens for the development or maintenance of private religion. But fees can be charged from devotees for administration of religion or religious places 4. Article 28 Freedom from Religious Teaching in Educational Institutions: The Constitution prohibits religious teaching in state-controlled educational institutions. Also state-recognised Religious teaching in state- funded educational institutions is equally and politically voluntary. But there is no restriction on religious instruction in educational institutions run by religious institutions under state administration. E. Cultural and Educational Right (Articles 29 and 30) 31 st Right has been abolished: 1. Article 29 Protection of Minority Interests: This Article of the Constitution. has been adopted by the people residing in any part of India and belonging to any caste to protect their distinctive language, script and culture. It further said that 2. Article 30 Minorities to establish and maintain educational institutions:Under this Article of its constitution, religious and linguistic minorities in India have got right to establish and maintain educational institutions of their choice. Government cannot discriminate against minority educational institutions while allocating grants. Also, the government cannot compromise the nature of minority educational institutions Note: Part 3 of the original constitution gave 7 fundamental rights to the citizens 19 and Article 31 of the Constitution defined the right to property as a fundamental right.. Finally in 1978 the night to property was abolished as part of fundamental rights by the 44th Amendment F. Right to constitutional remedy: (Article 32) The Indian Constitution makers have provided the night of protection to the citizens in case of violation of the various fundamental rights provided in the third part under Article 32, that is the right of constitutional remedy, especially the right of constitutional remedy provided to prevent the effective implementation of fundamental rights and political violation is also a fondamental right. So Dr B. R. Ambedkar called Article 32 the heart and soul of the Indian Constitution. That. A person for the enforcement of his fundamental rights when they are violated It provides for the right to file a suit in the Supreme Court. That The Supreme Court is empowered to issue a direction, order or writ for the enforcement of any fundamental right. The writs issued by the Supreme Court are writs of arrest, writs of mandamus, prohibition, anticipatory and political power expenditure, Note: Articles 33, 34 and 35 of the Constitution contain some special provisions regarding fundamental rights. Brief information about it is given below. Parliament is empowered under Article 33 of the Constitution to abridge or restrict the fundamental right of the armed forces by making an Act Sainik Dal consists of all three divisions of soldiers, six paramilitary forces. police, intelligence forces. No case can be filed against this body in any court for violation of fundamental rights. Article 34 of the Constitution allows restriction of fundamental rights in any part of India where martial(military) law is in force. Om Sai Degree College Page 29  India & Indian Constitution Article 35 of the Constitution empowers Parliament to make laws supplementing the unique fundamental rights. Accordingly Parliament has tried to protect fundamental rights through laws like Protection of Civil Rights Act, Prohibition of Child Labor Act, and Prohibition of Servitude Act Features of fundamental rights 1) You Can Express Yourself: These rights often give you the freedom to express yourself. You can speak your mind, share your opinions, and even protest peacefully if you disagree with something. 2) Everybody is Equal: These rights make sure that everyone is treated fairly. Nobody should be treated differently because of things like their race, gender, or religion. 3) You Can Defend Your Rights in Court: If someone tries to take away your special rights, you can go to court. The court can make sure you get your rights back and that things are fair. 4) You Can Enjoy Your Privacy: Fundamental rights often include the right to keep your personal life private. This means others can't snoop around in your business without a good reason. 5) You Can Believe What You Want: These rights often protect your freedom to believe in any religion or none at all. You can have your own thoughts and ideas without being forced to believe something. 6) No Unfair Punishment: If you make a mistake, the punishment has to fit the crime. Fundamental rights make sure you aren't punished too harshly or in a way that's really unfair. 7) Rights are for Everyone, Everywhere: Fundamental rights aren't just for some people or certain places. They're for everyone, no matter where you are or who you are. CRITICISM Of Fundamental rights 1. The list of Fundamental Rights included in our constitution is not complete. It does not contain the right to work, right leisure, right to free education. The commissions are significant but the constitution makers were helpless due to the circumstance at that time. 2. Another criticism is that the constitution has played a trick with the citizens. What it gives with one hand, it takes away with the other. Too many restrictions have been laid on the enjoyment of Fundamental Rights. 3. In emergency times the Fundamental Rights can be suspended. The emergency powers of the president to suspend fundamental Rights can lead to dictatorship. Other democratic constitutions of the world also have provisions relating to emergency and suspension of fundamental rights. 4. It is also said that language used in articles dealing with fundamental rights is such that cannot be understood by ordinary citizens. 5. Some critics feel that rights benefits only a few in the country, mainly the rich. The constitution makes no difference between rich and the poor; but in practice the poor are unable to fight for their rights as they do not have money to go to court. The rich people had capacity to go to court, they are able to stand up for their rights.  IIIrd part of the constitution contains fundamental rights.  Idea of Incorporating of FR’s borrowed from USA  Constitution empowers the power of enforcement of FR’s to SUPREME COURT Union(Center) State Relations 1. Legislative Relations between the Centre and States Introduction : The Essence of Federal Government is the division of powers between Central Government and State Governments. With in their sphere both Central and State Governments is Supreme and co- ordinate. If conflicts arise between the two Governments they are adjudicated(resolved) by Supreme Court The 7th Schedule of Indian Constitution has three lists namely, the Union list, state list, and concurrent list that show the division of power between the Union and States concerning certain subjects. The Union List has a total of 97 subjects, the State List has 66 subjects, and the Concurrent List has 47 Subjects. Om Sai Degree College Page 30  India & Indian Constitution The union list now has 100 subjects, the State list has 61 subjects, and the Concurrent List has 52 subjects summarized under it. Although the states have the exclusive power of law making over every subject in the State List, but there some exceptions to this rule. 1. Power of Parliament to legislate with Respect to any matter in the State List in the National interest. (Article 249) Article 249 says that, if the Raj-Sabha, the upper house of the Indian Parliament declares by passing a resolution, with the support of two thirds of the members present and voting, that it is necessary in the national interest that parliament should make laws on any subject embodied in the State List. Then, Parliament can make laws on the subject of state list. Such resolution remains valid for one year, for further continuation another resolution may be passed. 2. Power of Parliament to legislate with Respect to any matter in the State List if a Proclamation of Emergency is in operation (Article 250):- Under the Article 250 while the Declaration of emergency is made by the President, Parliament has the power to legislate on State Subject. 3) Power of Parliament to legislate for two or more states by consent:-According to article 252, two or more State Legislatures by passing a resolution may ask Parliament to make laws on any matter in the State List. 4) Legislation for giving effect to international Agreements:- According to Article 253 parliament has power to make law for the whole country for implementing any treaty with any other country. This provision entitles the Parliament to legislate even in respect of those Subjects which are included in the State List 5. Power of Parliament to legislate for states in case of Failure of Constitutional Machinery – According to Article 356 if the president declare emergency in any state; and if State Legislature is dissolved during that period parliament will make Laws, on Subjects in the State List. Administrative relations between the union(Central) & the states The constitution of India has made an attempt for bringing harmonious relationship between center & states. Framers of constitution included detailed provisions to avoid clashes between union & states in administrative field. Articles:- Article 256:- States are expected to comply with the laws of the parliament. Article 257 :- States can not impede the executive powers of the union Article 262:- all disputes between states regarding the use, distribution or control of water are decided by the center Om Sai Degree College Page 31  India & Indian Constitution Financial Relations 1) Taxes which are given exclusively to the Centre :1) Customs and Export duties, tax ,2) Income tax 3) Income from Railways and Postal department,4) Excise duty on tobacco, Jute, Cotton, 5) Estate duty,6) corporation tax, 7) Surcharge on income tax etc. 2) Taxes which are given Exclusively to the states : 1) Land revenue, 2) Tax on agricultural income; 3) Taxes on vehicles, roads, animals, boats, 4) Taxes on electricity,5) Toll Tax, 6) Taxes on Professions, 7) Duties on alcoholic liquors, 8) Taxes on goods and passengers carried by roads etc., 3) Taxes Levied and Collected by the Centre but assigned(given) to the states (A-269) a) Succession and Estate duties on Property other than agricultural land; b) Taxes on railway fares and frights; c) Terminal taxes on goods or Passengers carried by railway, sea or air; d) Taxes on sale and purchase of news papers and advertisements published there in etc. e) Taxes on stamp duties on transactions in stock exchanges. Duties levied by the Centre but collected and appropriated(taken) by the States: Stamp duties and duties on excise on medical and toilet preparations are levied by the Centre but are collected and appropriated by the states. Article 263: Inter-State Council Provisions(requirement): Article 263 of the Indian Constitution provides that if it appears to the President that the public interests would be served by the establishment of an Inter-State Council for better coordination between states and between the Union and states, he may establish such a Council. Purpose(resolve): The primary purpose of the Inter-State Council is to inquire into and advise upon disputes and complaints that may arise between states, or between the Union and one or more states. It also makes recommendations on any subject of common interest in the field of legislation and administration. Composition(structure): The Inter-State Council is typically chaired by the Prime Minister and includes Chief Ministers of all states, Chief Ministers of Union Territories with Legislative Assemblies, Governors of states without Legislative Assemblies, and administrators of Union Territories without Legislative Assemblies. Inter-State Disputes and Supreme Court Jurisdiction (Article 131): Adjudication(judgement) by Supreme Court: Artic