NCERT Short Notes - Polity PDF

NCERT Short Notes POLITY Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved NCERT Democracy Shorts POLITY Definition of Democracy  Democracy is a form of government in which the rulers are elected by the people. Featur...

NCERT Short Notes POLITY Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved NCERT Democracy Shorts POLITY Definition of Democracy  Democracy is a form of government in which the rulers are elected by the people. Features of Democracy  In a democracy, the final decision-making power must rest with those elected by the people.  Democracy must be based on a free and fair election where those currently in power have a fair chance of losing.  Holding elections of any kind is not sufficient.  The elections must offer a real choice between political alternatives.  One Person, One Vote, One Value.  Democracy is based on a fundamental principle of political equality.  In a democracy, each adult citizen must have one vote and each vote must have one value.  Rule of law and respect for rights.  A democratic government rules within limits set by constitutional law and citizens’ rights. Arguments for and against Democracy Arguments against Democracy  Leaders keep changing in a democracy.  This leads to instability.  Democracy is all about political competition and power play.  There is no scope for morality.  So many people have to be consulted in a democracy that it leads to delays.  Elected leaders do not know the best interest of the people. POLITY | Democracy Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   It leads to bad decisions.  Democracy leads to corruption for it is based on electoral competition.  Ordinary people do not know what is good for them; they should not decide anything. Arguments for Democracy  Democracy is better than any other form of government in responding to the needs of the people.  A non-democratic government may and can respond to the people’s needs, but it all depends on the wishes of the people who rule.  A democracy requires that the rulers must attend to the needs of the people.  A democratic government is a better government because it is a more accountable form of government.  Democracy is based on consultation and discussion.  A democratic decision always involves many persons, discussions, and meetings.  When several people put their heads together, they can point out possible mistakes in any decision.  This reduces the chances of rash or irresponsible decisions.  Thus, democracy improves the quality of decision-making.  Democracy provides a method to deal with differences and conflicts.  In a democracy, no one is a permanent winner.  No one is a permanent loser.  Different groups can live with one another peacefully.  Democracy enhances the dignity of citizens.  Democracy is based on the principle of political equality, recognizing that the poorest and the least educated have the same status as the rich and the educated.  Democracy is better than other forms of government because it allows us to correct our own mistakes.  Provides a method to resolve conflicts.  Allows room to correct mistakes. POLITY | Democracy Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Types of Democracy 1. Direct Democracy  It is the one where the citizens directly participate in the day-to-day decision-making and the running of the government.  Example: The ancient city-states in Greece.  Local Governments, especially Gram Sabhas, can be considered as the closest examples of direct democracy.  It cannot be practiced when a decision must be taken by lakhs and crores of people. 2. Indirect Democracy  Here citizens choose their representatives who, in turn, are actively involved in governing and administering the country.  In this system, the citizens have a limited role in taking major decisions and in running the administration. Why have we adopted Representative Democracy?  The most common form that democracy takes in our times is that of representative democracy.  The majority of people rule through their elected representatives.  This becomes necessary because:  Modern democracies involve such a large number of people that it is physically impossible for them to sit together and take a collective decision.  Even if they could, the citizen does not have the time, the desire, or the skills to take part in all the decisions. Democracy vs other Forms of Government  Democracy is a better form of government when compared with dictatorship or any other alternative. Because it  Promotes equality among citizens.  Enhances the dignity of the individual.  Improves the quality of decision-making. POLITY | Democracy Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Outcomes of Democracy  Before assessing the outcomes of democracy, it must be understood that democracy is just a form of government.  It can only create conditions for achieving something.  The citizens have to take advantage of those conditions and achieve those goals. Provides Accountable, Responsive, and Legitimate Government  In a democracy, people will have the right to choose their rulers and people will have control over the rulers.  Whenever possible and necessary, citizens should be able to participate in decision-making, that affects them all.  Therefore, the most basic outcome of democracy should be that it produces a government that is accountable to the citizens, and responsive to the needs and expectations of the citizens.  Democracy is based on the idea of deliberation and negotiation.  So, some delay is bound to take place.  The democratic government will take more time to follow procedures before arriving at a decision.  But because it has followed procedures, its decisions may be both more acceptable to the people and more effective.  Democratic government is a legitimate government.  It may be slow, less efficient, not always very responsive or clean.  But a democratic government is the people’s own government. Transparency  A citizen has the right and the means to examine the process of decision-making.  Democracy’s ability to generate its own support is itself an outcome that cannot be ignored. Economic Growth and Development  The difference in the rates of economic development between less developed countries with dictatorships and democracies is negligible.  We cannot say that democracy is a guarantee of economic development.  But we can expect democracy not to lag behind dictatorships in this respect. POLITY | Democracy Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Reduction of Inequality and Poverty  Democracies are based on political equality.  But it is reasonable to expect democracies to reduce economic disparities.  All individuals have equal weight in electing representatives. Criticism  Even after having political equality up to a higher level, economic inequality is increasing in the country.  A small number of ultra-rich enjoy a highly disproportionate share of wealth and incomes.  Not only that, their share in the total income of the country has been increasing.  Those at the bottom of society have very little to depend upon.  The poor constitute a large proportion of our voters and no party will like to lose their votes.  Yet democratically elected governments do not appear to be as keen to address the question of poverty as you would expect them to. Accommodation of Social Diversity  Democracies usually develop a procedure to conduct their competition.  This reduces the possibility of these tensions becoming explosive or violent.  No society can fully and permanently resolve conflicts among different groups.  But democracy has the mechanisms to learn to respect the differences between various sections of society and also has the mechanisms to negotiate the differences.  A democracy must fulfill two conditions to achieve this outcome:  It is necessary to understand that democracy is not simply rule by majority opinion.  The majority always needs to work with the minority so that governments function to represent the general view.  The majority and minority opinions are not permanent.  Rule by the majority mustn’t become a rule by the majority community in terms of religion or race or linguistic group, etc.  Rule by majority means that in case of every decision or case of every election, different persons and groups may and can form a majority.  Democracy remains democracy only as long as every citizen has a chance of being in majority at some point in time. POLITY | Democracy Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Dignity and Freedom of the Citizens  Democracy stands much superior to any other form of government in promoting dignity and freedom of the individual.  The passion for respect and freedom is the basis of democracy.  Democracies throughout the world have recognized this, at least in principle.  Example: Democracy in India has strengthened the claims of the disadvantaged and discriminated castes for equal status and equal opportunity. Challenges to Democracy  A challenge is not just any problem.  A challenge is a difficulty that carries within it an opportunity for progress.  We usually call only those difficulties a ‘challenge’ that is significant and which can be overcome. Foundational Challenge  The countries which are not under democratic government face the foundational challenge of making the transition to democracy and then instituting a democratic government.  This involves bringing down the existing non-democratic regime, keeping the military away from controlling government, and establishing a sovereign and functional state. Challenge of Expansion  Most of the established democracies face the challenge of expansion.  This involves applying the basic principle of democratic government across all the regions, different social groups, and various institutions.  Ensuring greater power to local governments, an extension of the federal principle to all the units of the federation, the inclusion of women and minority groups, etc., falls under this challenge.  This also means that fewer and fewer decisions should remain outside the arena of democratic control.  Most countries including India and other democracies like the US face this challenge. POLITY | Democracy Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Challenge of Deepening of Democracy  It is faced by every democracy in one form or another.  This involves strengthening the institutions and practices of democracy.  This should happen in such a way that people can realize their expectations of democracy.  But ordinary people have different expectations from democracy in different societies.  Therefore, this challenge takes different meanings and paths in different parts of the world.  In general terms, it usually means strengthening those institutions that help people’s participation and control.  This requires an attempt to bring down the control and influence of the rich and powerful people in making governmental decisions. Political Reforms  All the suggestions or proposals about overcoming various challenges to democracy are called ‘democracy reform’ or ‘political reform’. Some of them are  Introducing Legal ways of reforming politics.  Like the introduction of new laws to ban undesirable things.  But it has to be resisted because legal-constitutional changes by themselves cannot overcome challenges to democracy.  Any legal change or reform must carefully look at what results it will have on politics.  Sometimes the results may be counter-productive.  For example, many states have banned people who have more than two children from contesting panchayat elections.  This has resulted in the denial of democratic opportunity to many poor and women, which was not intended.  Democratic reforms are to be carried out mainly by political activists, parties, movements, and politically conscious citizens.  Laws that give political actors incentives to do good things have more chances of working.  The best laws are those which empower people to carry out democratic reforms.  The Right to Information Act is a good example of a law that empowers the people to find out what is happening in government and act as watchdogs of democracy. POLITY | Democracy Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   Democratic reforms are to be brought about principally through political practice.  Therefore, the main focus of political reforms should be on ways to strengthen democratic practice.  Any proposal for political reforms should think not only about what is a good solution but also about who will implement it and how. Redefining Democracy Expanded Definition of Democracy  In democracy,  The rulers elected by the people must take all the major decisions.  The elections must offer a choice and fair opportunity to the people to change the current rulers.  The choice and opportunity should be available to all the people on an equal basis.  The exercise of the choice must lead to a government limited by basic rules of the constitution and citizens’ rights. Conclusion  Expectations from democracy also function as the criteria for judging any democratic country.  What is most distinctive about democracy is that its examination never gets over.  As democracy passes one test, it produces another test.  As people get some benefits of democracy, they ask for more and want to make democracy even better.  The fact that people are complaining is itself a testimony to the success of democracy.  It shows that people have developed awareness and the ability to expect and to look critically at power holders and the high and the mighty.  A public expression of dissatisfaction with democracy shows the success of the democratic project.  It transforms people from the status of a subject into that of a citizen. Probable Questions UPSC MAIN QUESTION 1) How does democracy produce an accountable, responsive, and legitimate government? POLITY | Democracy Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved NCERT Constitution & Making of the Shorts Constitution POLITY The Constitution Definitions The constitution of a country is a set of written rules that are accepted by all people living together in a country, or It is the supreme law that determines the relationship among people living in a territory (called citizens) and also the relationship between the people and government, or It is the supreme law of a country, containing fundamental rules governing the politics and society in a country. Functions of a Constitution To provide a set of basic rules that allow for minimal coordination amongst members of society. To specify who has the power to make decisions in a society.  It decides how the government will be constituted. To set some limits on what a government can impose on its citizens.  These limits are fundamental in the sense that government may never trespass on them.  The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizens and which no government can ever be allowed to violate. To enable the government to fulfil the aspirations of a society and create conditions for a just society. It expresses the fundamental identity of a people.  This means the people as a collective entity comes into being only through the basic constitution. All countries that have constitutions are not necessarily democratic.  But all countries that are democratic will have constitutions. Making of Indian Constitution The making of the constitution for a huge and diverse country like India was not an easy affair. Constitution was made by the Constituent Assembly which had been elected for undivided India. Difficulties faced by the Constitutional Makers At that time the people of India were emerging from the status of subjects to that of citizens. POLITY | Constitution and Making of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  The country was born through a partition on the basis of religious differences. The merger of the princely states was a difficult and uncertain task as the British had left it to the rulers of the princely states to decide whether they wanted to merge with India or with Pakistan or remain independent. Favourable factors for the Constitutional Makers The Consensus about Democratic Indians and a new Constitution had already evolved during the freedom struggle.  Instances  In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India.  In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India’s constitution should look like.  Both these documents were committed to the inclusion of universal adult franchise, right to freedom and equality, and protecting the rights of minorities in the constitution of independent India.  Thus some basic values were accepted by all leaders much before the Constituent Assembly met to deliberate on the Constitution. The familiarity with political institutions of the colonial rule also helped develop an agreement over the institutional design.  The experience gained by Indians in the working of the legislative institutions (after the elections of 1937) proved to be very useful for the country in setting up its own institutions and working in them.  That is why the Indian constitution adopted many institutional details and procedures from colonial laws like the Government of India Act, 1935. There were some ideas to adopt from other constitutions like  The ideals of the French Revolution.  The practice of parliamentary democracy in Britain.  The Bill of Rights in the US.  The socialist revolution in Russia had inspired many to think of shaping a system based on social and economic equality. The Constituent Assembly Definitions An assembly of people’s representatives that writes a constitution for a country. POLITY | Constitution and Making of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  The drafting of the document called the constitution was done by an assembly of elected representatives called the Constituent Assembly. Related Facts Composition and Organisation - roughly based on the plan proposed by Cabinet Mission. Elections to the Constituent Assembly were held in July 1946. First Sitting – 9th December 1946.  Reassembled after Partition – 14th August 1947.  The Constituent Assembly was also divided into the Constituent Assembly of India and that of Pakistan after the partition. Objectives Resolution It was based on the Objectives Resolution (the resolution that defined the aims of the Assembly) moved by Nehru in 1946.  This resolution encapsulated the aspirations and values behind the Constitution. Source : NCERT Composition Total Number of Seats in Constituent Assembly – 389 Seats. POLITY | Constitution and Making of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   292 Seats – British Provinces.  By Indirect Election by Members of the Provincial Legislative Assemblies (established under the GoI Act, 1935).  By the method of proportional representation with the single transferable vote.  Seats were distributed among the three main communities - Muslims, Sikhs, and general, in proportion to their respective populations.  93 Seats – Princely States.  Method of Selection - determined by Consultation.  Each Province and each Princely State or group of States were allotted seats proportional to their respective population roughly in the ratio of 1:10,00,000.  After Partition - 299 Seats (based on the plan of 3rd June 1947 – June 3rd Plan). The Assembly was dominated by the Indian National Congress, the party that led India’s freedom struggle.  But the Congress itself included a variety of political groups and opinions.  The Assembly had many members who did not agree with Congress. In social terms too, the Assembly represented members from different language groups, castes, classes, religions, and occupations. It had 8 Major Committees headed by Jawaharlal Nehru, Rajendra Prasad, Sardar Patel, or B.R. Ambedkar. Other Aspects It adopted the Constitution on 26 November 1949.  24th January 1950 – 284 members were present for its final passage. The Constitution came into force on 26 January 1950.  To mark this day we celebrate January 26 as Republic Day every year. It met for 166 Days – 2 Years, 11 Months and 18 Days. Its sessions were open to the press and the public alike. Members were not elected by Universal Suffrage.  But members of all religions were given representation.  It had 28 members from the Scheduled Castes.  Congress dominated the Assembly occupying 82% of total seats (after partition). The only provision which was passed without virtually any debate – the introduction of Universal Suffrage. POLITY | Constitution and Making of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Working of the Constituent Assembly The Constituent Assembly worked in a systematic, open, and consensual manner. First, some basic principles were decided and agreed upon. Then a Drafting Committee chaired by Dr B.R. Ambedkar prepared a draft constitution for discussion. Several rounds of thorough discussion took place on the Draft Constitution, clause by clause.  More than two thousand amendments were considered. The members deliberated for 114 days spread over three years. Constituent Assembly Debates Every document presented and every word spoken in the Constituent Assembly has been recorded and preserved.  These are called ‘Constituent Assembly Debates’. When printed, these debates are 12 bulky volumes. These debates provide the rationale behind every provision of the Constitution. These are used to interpret the meaning of the Constitution. Important Members of Constituent Assembly Vallabhbhai Jhaverbhai Patel (1875-1950) Minister of Home, Information and Broadcasting in the Interim Government. Lawyer and leader of Bardoli peasant satyagraha. Played a decisive role in the integration of the Indian princely states. Later: Deputy Prime Minister. Abul Kalam Azad (1888-1958) Educationist, author, and theologian; scholar of Arabic. Opposed Muslim separatist politics. Later: Education Minister in the first union cabinet. Rajendra Prasad (1884-1963) President of the Constituent Assembly. Lawyer, known for his role in the Champaran satyagraha. POLITY | Constitution and Making of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  Three times the president of Congress. Later: the first President of India. H. C. Mookherjee (1887-1956) Vice-Chairman of the Constituent Assembly. Later: Governor of West Bengal. Durgabai Deshmukh (1909-1981) Advocate and public activist for women’s emancipation. Founder of Andhra Mahila Sabha. Later: Founder Chairperson of Central Social Welfare Board. Baldev Singh ( 1901-1961) A successful entrepreneur and leader of the Panthic Akali Party in the Punjab Assembly. A nominee of the Congress in the Constituent Assembly. Later: Defence Minister in the Union Cabinet. Kanhaiyalal Maniklal Munshi (1887-1971) Later: Minister in the Union Cabinet. Founder of the Swatantra Party. Bhimrao Ramji Ambedkar (1891-1956) Chairman of the Drafting Committee. Social revolutionary thinker and agitator against caste divisions and caste-based inequalities. Later: Law minister in the first cabinet of post-independence India. Founder of the Republican Party of India. Shyama Prasad Mukherjee (1901-1953) Minister for Industry and Supply in the Interim Government. Educationist and lawyer. Active in Hindu Mahasabha. Later: Founder President of Bharatiya Jan Sangh. POLITY | Constitution and Making of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Jawaharlal Nehru (1889-1964) Prime Minister of the interim government. Lawyer and Congress leader. An advocate of socialism, democracy, and anti-imperialism. Later: First Prime Minister of India. Sarojini Naidu (1879-1949) Poet, writer, and political activist. Among the foremost women leaders in the Congress. Later: Governor of Uttar Pradesh. Somnath Lahiri (1901-1984) Writer and editor. Leader of the Communist Party of India. Later: Member of West Bengal Legislative Assembly. Provisions Adopted from Constitutions of Different Countries POLITY | Constitution and Making of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  UPSC CSE Previous Year MCQs 1) The members of the Constituent Assembly which drafted the Constitution of India were: A. Nominated by the British Parliament. B. Nominated by the Governor-General. C. Elected by the Legislative Assemblies of the various provinces. D. Elected by the Indian National Congress and Muslim League Solution: C 2) Consider statements: i. The Constitution of India has 40 parts. ii. There are 390 Articles in the Constitution of India in all. iii. Ninth, Tenth, Eleventh, and Twelfth Schedules were added to the Constitution of India by the Constitution (Amendment) Acts. Which of the statements given above is/are correct? A. 1 and 2 only B. 2 only C. 3 only D. 1, 2 and 3 Solution: C POLITY | Constitution and Making of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved NCERT The Philosophy and Features of the Shorts Constitution POLITY The Political Philosophy of the Constitution Our Constitution is liberal, democratic, egalitarian, secular, and federal, open to community values, sensitive to the needs of religious and linguistic minorities as well as historically disadvantaged groups, and committed to building a common national identity. Values Enshrined in Our Constitution Individual Freedom Indian Constitution’s commitment to Individual Freedom can be understood from the presence of  Freedom of Expression.  Freedom of Arbitrary Arrest.  Freedom of Conscience etc. The importance given to Individual Freedom underlines the pretty strong liberal character of the Indian Constitution. Social Justice Classical liberalism always privileges the rights of the individuals over demands of social justice and community values. The liberalism of the Indian Constitution differs from Classic Liberalism in the following way  It is always linked to social justice.  The best examples for this are the provision for reservations for Scheduled Castes and Scheduled Tribes in the Constitution. The makers of the Constitution believed that the mere granting of the right to equality was not enough to overcome age-old injustices suffered by these groups or to give real meaning to their right to vote. Two Streams of Indian Liberalism The First Stream began with Rammohun Roy.  It emphasized individual rights, particularly the rights of women. The second stream included thinkers like K.C. Sen, Justice Ranade, and Swami Vivekananda. POLITY | The Philosophy and Features of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   They introduced the spirit of social justice within orthodox Hinduism. Respect for Diversity and Minority Rights The Indian Constitution encourages equal respect between communities.  This made it mandatory for our Constitution to recognize community-based rights.  One such right is the right of religious communities to establish and run their educational institutions. Secularism Secular states are widely seen as treating religion as only a private matter.  That means they refuse to give religion public or official recognition. Western Secularism It means the mutual exclusion of state and religion to protect values such as individual freedom and citizenship rights of individuals. There States should neither help nor hinder religions. Instead, they should keep themselves at an arm’s length from them. Differences between Indian and Western Secularism 1. The rights of Religious Groups are recognized by the Constitution  The Constitution recognized that intercommunity equality was as necessary as equality between individuals.  Freedom of religion in India means the freedom of religion of both individuals and communities. 2. State’s Power of Intervention to Religious Matters  Because religiously sanctioned customs such as untouchability deprived individuals of the most basic dignity and self-respect.  Such customs were so deeply rooted and pervasive that without active state intervention, there was no hope of their dissolution.  Indian secularism did not mean the mutual exclusion of State and Religion but rather principled distance. Universal Franchise Universal Franchise gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or any other restriction, subject only to relatively minor exceptions. Indian nationalism always conceived of a political order based on the will of every single member of society.  Historical Instances when Universal Franchise was demanded POLITY | The Philosophy and Features of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   In 1895, under the Constitution of India Bill (1895), the first non-official attempt at drafting a constitution for India, the author declared that every citizen, i.e., anyone born in India, had a right to take part in the affairs of the country and be admitted to public office.  The Motilal Nehru Report (1928) reaffirms this conception of citizenship, reiterating that every person of either sex who has attained the age of twenty-one is entitled to vote for the House of Representatives or Parliament. Federalism Federalism is a mixed or compound mode of government that combines a general government (the central or "federal" government) with regional governments (provincial, state, cantonal, territorial, or other sub-unit governments) in a single political system. It also means the existence of more than one level of government in the country.  In India, we have governments at the Centre, at the state level, and local level (Panchayati Raj). Each state in India enjoys autonomy in exercising powers on certain issues, but in subjects of national concern, all of these states have to follow the laws of the central government. The Constitution contains lists that detail the issues that each tier of government can make laws on.  Also, the Constitution specifies where each tier of government can get the money from for the work that it does. Under federalism, the states are not merely agents of the federal government but draw their authority from the Constitution as well. Two types of Federalism Symmetric Federalism - Federal System of government in which each constituent state to the federation possesses equal powers. Example: USA. Asymmetric Federalism – Federal System in which a distinction is made between constituent states. Example: India. By introducing the article concerning North-East (Art. 371), the Indian Constitution anticipates the particularly important concept of asymmetric federalism, which was to meet the specific needs and requirements of some states. Example: Under Article 371A, the privilege of special status was accorded to the North-Eastern State of Nagaland.  This Article confers validity on pre-existing laws within Nagaland, protects local identity through restrictions on immigration. National Identity POLITY | The Philosophy and Features of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  The Constitution constantly reinforces a common national identity. Key Features of The Indian Constitution 1. Federalism 2. Parliamentary Form of Government 3. Separation of Powers According to the Constitution, there are three organs of government.  These are the legislature, the executive, and the judiciary.  The Legislature refers to our elected representatives.  The Executive is a smaller group of people who are responsible for implementing laws and running the government.  The Judiciary refers to the system of courts in this country. To prevent the misuse of power by any one branch of government, the Constitution says that each of these organs should exercise different powers.  Through this, each organ acts as a check on the other organs of government and this ensures the balance of power between all three. 4. Fundamental Rights Fundamental Rights are a set of written rights in the Constitution, which protect citizens against the arbitrary and absolute exercise of power by the State. The Constitution guarantees the rights of individuals against the State as well as against other individuals. The Constitution also guarantees the rights of minorities against the majority. According to Dr Ambedkar object of Fundamental Rights is two-fold.  Every citizen must be in a position to claim those rights.  These rights must be binding upon every authority that has got the power to make law. The section on Fundamental Rights has often been referred to as the ‘conscience’ of the Indian Constitution. 5. DPSPs – Directive Principles of State Policies Along with Fundamental Rights, the Constitution also has a section called Directive Principles of State Policy. POLITY | The Philosophy and Features of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  This section was designed by the members of the Constituent Assembly to ensure greater social and economic reforms and to serve as a guide to the independent Indian State to institute laws and policies that help reduce the poverty of the masses. 6. Secularism Achievements of the Indian Constitution It reinforces and reinvents forms of liberal individualism. It upholds the principle of social justice without compromising on individual liberties It upholds its pledge to community rights in the light of inter-communal struggles (the right to the expression of cultural particularity). It reflects faith in political deliberation. It reflects a spirit of compromise and accommodation. Criticisms of the Indian Constitution It is Unwieldy  The criticism that it is unwieldy assumes that the entire constitution of a country must be found in one compact document.  In the case of India, many such details, practices, and statements are included in one single document and this has made that document somewhat large. It is Unrepresentative  The adult franchise was not yet granted when the constituent assembly was elected and most members came from the advanced sections of the society, so it was not a representative body for all sections of society. It is Alien to our Conditions  Some refer Indian Constitution as entirely an alien document, borrowed article by article from western constitutions and sits uneasily with the cultural ethos of the Indian people.  But the fact is it was never blind borrowing, it was innovative borrowing. Limitations of the Indian Constitution The Indian Constitution has a centralized idea of national unity. POLITY | The Philosophy and Features of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  It appears to have glossed over some important issues of gender justice, particularly within the family. It is not clear why in a poor developing country, certain basic socio-economic rights were relegated to the section on Directive Principles rather than made an integral feature of our fundamental rights. UPSC CSE Previous Year MCQs 1) The word “secular” denotes A. Keeping away from all religions B. Belief in one God C. Freedom of religion and worship to all citizens D. Practising different religions Solution: B 2) ‘Economic Justice’ as one of the objectives of the Indian Constitutional has been provided in A. The Preamble and the Fundamental Rights. B. The Preamble and the Directive Principles of State Policy. C. The Fundamental Rights and the Directive Rights and the Directive Principles of State Policy. D. None of the above Solution: B POLITY | The Philosophy and Features of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved NCERT Shorts The Preamble POLITY Definition An introductory statement in a constitution that states the reasons and guiding values of the constitution. It is the beginning of the constitution and it is a short statement containing the basic values of the constitution. Taking inspiration from the American model, most countries in the contemporary world have chosen to begin their constitutions with a preamble. Importance of the Preamble Values that inspired and guided the freedom struggle and were in turn nurtured by it, formed the foundation for India’s democracy, these values are embedded in the Preamble of the Indian Constitution. The Preamble of the Constitution reads like a poem on democracy. It contains the philosophy on which the entire Constitution has been built. It provides a standard to examine and evaluate any law and action of government, to find out whether it is good or bad. It is the soul of the Indian Constitution. Keywords and their Meanings WE, THE PEOPLE OF INDIA The constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a king or any outside powers. SOVEREIGN People have the supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India. SOCIALIST Wealth is generated socially and should be shared equally by society. POLITY | The Preamble Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  The government should regulate the ownership of land and industry to reduce socio-economic inequalities. SECULAR Citizens have complete freedom to follow any religion. But there is no official religion. The government treats all religious beliefs and practices with equal respect. DEMOCRATIC A form of government where people enjoy equal political rights, elect their rulers and hold them accountable. The government is run according to some basic rules. REPUBLIC The head of the state is an elected person and not a hereditary position. JUSTICE Citizens cannot be discriminated against on the grounds of caste, religion, and gender. Social inequalities have to be reduced. The government should work for the welfare of all, especially of the disadvantaged groups. LIBERTY There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in action. EQUALITY All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all. FRATERNITY All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior. POLITY | The Preamble Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  UPSC CSE Previous Year MCQs 1) Which one of the following objectives is not embodied in the Preamble to the Constitution of India? A. Liberty of thought B. Economic liberty C. Liberty of expression D. Liberty of belief Solution: B 2) The mind of the makers of the Constitution of India is reflected in which of the following? A. The Preamble B. The Fundamental Rights C. The Directive Principles of State Policy D. The Fundamental Duties Solution: A POLITY | The Preamble Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved NCERT Citizenship Shorts POLITY Citizenship  Citizenship has been defined as full and equal membership of a political community.  In the contemporary world, states provide a collective political identity to their members as well as certain rights.  Citizens expect certain rights from their state as well as help and protection wherever they may travel.  The precise nature of the rights granted to citizens may vary from state to state but in most democratic countries today they would include some political rights like the right to vote, civil rights like the freedom of speech or belief, and some socio-economic rights which could include the right to a minimum wage, or the right to education.  Equality of rights and status is one of the basic rights of citizenship.  Citizenship is also about citizen-citizen relations and involves certain obligations of citizens to each other and to the society.  These would include not just the legal obligations imposed by states but also a moral obligation to participate in, and contribute to, the shared life of the community.  Citizens are also considered to be the inheritors and trustees of the culture and natural resources of the country. Full and equal membership  It means that citizens should enjoy equal rights and opportunities wherever in the country they may decide to live, study, or work, and all citizens, rich or poor, should enjoy certain basic rights and facilities. Rights associated with citizenship  Marshall sees citizenship as involving three kinds of rights:  Civil  Political  Social POLITY | Citizenship Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  Together they make it possible for the citizen to lead a life of dignity.  Citizenship ensures equality by countering the divisive effects of the class hierarchy.  It thus facilitates the creation of a better-integrated and harmonious community. Civil Rights  They protect the individual’s life, liberty, and property. Political Rights  They enable the individual to participate in the process of governance. Social Rights  They give the individual access to education and employment. Citizenship – Constitutional Provisions  The provisions about citizenship in the Constitution can be found in Part Two and in subsequent laws passed by Parliament.  The Constitution adopted an essentially democratic and inclusive notion of citizenship.  In India, citizenship can be acquired by birth, descent, registration, naturalization, or inclusion of territory.  The rights and obligations of citizens are listed in the Constitution.  There is also a provision that the state should not discriminate against citizens on grounds only of religion, race, caste, sex, place of birth, or any of them.  The rights of religious and linguistic minorities are also protected. Probable Questions UPSC CSE QUESTION 1) Explain the ways of acquiring and losing Indian Citizenship. POLITY | Citizenship Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved NCERT Fundamental Rights, DPSPs, and Shorts Fundamental Duties POLITY Rights Definition  Rights are claims of a person over other fellow beings, over the society, and the government, or  Rights are reasonable claims of persons recognized by society and sanctioned by law.  So a right is possible when you make a claim that is equally possible for others.  You cannot have a right that harms or hurts others. Rights and the Society  A right has to be recognized by the society we live in.  Rights acquire meaning only in society.  Every society makes certain rules to regulate our conduct.  What is recognized by society as rightful becomes the basis of rights.  That is why the notion of rights changes from time to time and society to society. Enforceable Laws  When the socially recognized claims are written into law they acquire real force.  Otherwise, they remain merely as natural or moral rights.  When the law recognizes some claims they become enforceable.  We can then demand their application.  When rights are violated, citizens can approach courts to protect their rights. Need for Rights in a Democracy  Rights are necessary for the very sustenance of democracy.  In a democracy, every citizen has to have the right to vote and the right to be elected to the government. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   For democratic elections to take place, citizens must have the right to express their opinion, form political parties and take part in political activities.  Rights protect minorities from the oppression of the majority. Basic Rights  Sometimes elected governments may not protect or may even attack the rights of their citizens.  That is why some rights need to be placed higher than the government so that the government cannot violate them.  In most democracies, the basic rights of the citizen are written down in the constitution. Bill of Rights  The Bill of Rights is a list of rights mentioned and protected by the constitution.  It is often a practice in most democratic countries to list the rights of the citizens in the constitution itself.  The rights of a person may be threatened by  another person or  private organization or  the organs of the government (the legislature, executive, bureaucracy, or even the judiciary). Rights in the Indian Constitution  In India, several rights are mentioned in the Constitution. Fundamentals Rights in the Indian Constitution  Fundamental Rights are the specially protected rights given in the Constitution, or  They are some rights that are fundamental to our life are given a special status.  They are an important basic feature of India’s Constitution.  Indian Constitution provides for six Fundamental Rights.  The word fundamental means, these rights are so important that the Constitution has separately listed them and made special provisions for their protection. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  Both Executive and Legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or unreasonably restrict them.  However, fundamental rights are not absolute or unlimited rights. The government can put reasonable restrictions on the exercise of our fundamental rights.  The First instance of demanding Bill of Rights in India was back in 1928 by the Motilal Nehru committee. Ordinary legal Rights VS Fundamental Rights  Ordinary legal rights are protected and enforced by ordinary law whereas, Fundamental Rights are protected and guaranteed by the constitution of the country.  Ordinary rights may be changed by the legislature by the ordinary process of law-making, but a fundamental right may only be changed by amending the Constitution itself. List of Fundamental Rights 1. Right to Equality Article 14 - Equality before Law – Equal Protection of Laws.  The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws.  It means that the laws applicable in the same manner to all, regardless of a person’s status.  This is called the Rule of Law.  Rule of law is the foundation of any democracy.  It means that no person is above the law.  Every citizen, from the Prime Minister to a small farmer in a remote village, is subjected to the same laws.  No person can legally claim any special treatment or privilege just because he or she happens to be an important person. Article 15 - Prohibition of Discrimination on grounds of religion, race, caste, sex, or place of birth – equal access to shops, hotels, wells, tanks, bathing ghats, roads, etc.  The government shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   Every citizen shall have access to public places like shops, restaurants, hotels, and cinema halls.  Similarly, there shall be no restriction about the use of wells, tanks, bathing ghats, roads, playgrounds, and places of public resorts maintained by the government or dedicated to the use of the general public.  This might appear very obvious, but it was necessary to incorporate these rights in the Constitution of our country where the traditional caste system did not allow people from some communities to access all public places. Article 16 - Equality of Opportunity in Public Employment.  All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government.  No citizen shall be discriminated against or made ineligible for employment on the grounds mentioned above under Article 15.  Article 16 (4) - Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.  The government of India has provided reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.  Various governments have different schemes for giving preference to women, poor or physically handicapped in some kinds of jobs.  These reservations are not against the right to equality.  Equality means giving everyone an equal opportunity to achieve whatever one is capable of.  Sometimes it is necessary to give special treatment to someone to ensure equal opportunity. Article 17 - Abolition of Untouchability.  The principle of non-discrimination extends to social life as well.  The Constitution mentions one extreme form of social discrimination, the practice of untouchability, and directs the government to put an end to it.  The practise of untouchability has been forbidden in any form.  Untouchability here does not only mean refusal to touch people belonging to certain castes.  It refers to any belief or social practice which looks down upon people on account of their birth with certain caste labels.  Such practice denies them interaction with others or access to public places as equal citizens. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Article 18 - Abolition of Titles.  It states that the state shall confer no title on a person except those who excel themselves in the military or academic field. 2. Right to Freedom  Freedom means the absence of constraints.  Equality and freedom or liberty, are the two rights that are most essential to a democracy.  Liberty means freedom of thought, expression, and action.  Freedoms are defined in such a manner that every person will enjoy her freedom without threatening the freedom of others and without endangering the law and order situation. Article 19  Under the Indian Constitution, all citizens have the right to  Freedom of speech and expression.  Assemble peacefully.  Form associations/unions.  Move freely throughout the territory of India.  Reside and settle in any part of India.  Practice any profession, or to carry on any occupation, trade, or business. Restrictions  Every citizen has the right to all these freedoms.  That means you cannot exercise your freedom in such a manner that violates others’ right to freedom.  Your freedoms should not cause public nuisance or disorder.  Freedom is not an unlimited license to do what one wants.  Accordingly, the government can impose certain reasonable restrictions on our freedoms in the larger interests of society.  Freedom of speech and expression is one of the essential features of any democracy.  However, you cannot use this freedom to instigate violence against others.  Neither you can use it to defame others by saying false and mean things that cause damage to a person’s reputation.  Citizens have the freedom to hold meetings, processions, rallies, and demonstrations on any issue. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   But such meetings have to be peaceful.  They should not lead to public disorder or breach of peace in society.  Those who participate in these activities and meetings should not carry weapons with them. Article 20 - Protection in respect of Conviction for Offenses.  Our Constitution ensures that persons accused of various offences would also get sufficient protection.  A person accused of any crime should get adequate opportunity to defend herself or himself.  To ensure a fair trial in courts, the Constitution has provided three rights: No Double Jeopardy - no person would be punished for the same offence more than once. No Ex-Post Facto Legislation - no law shall declare any action as illegal from a backdate. No Self Incrimination - no person shall be asked to give evidence against himself or herself. Article 21- Right to Life and Personal Liberty.  The Constitution says that no person can be deprived of his life or personal liberty except according to the procedure established by law.  It means that no person can be killed unless the court has ordered a death sentence.  It also means that a government or police officer cannot arrest or detain any citizen unless he has proper legal justification.  Even when they do, they have to follow some procedures:  A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.  A person who is arrested and detained shall be produced before the nearest magistrate within 24 hours of arrest.  Such a person has the right to consult a lawyer or engage a lawyer for his defence.  Various judgments of the Supreme Court have expanded the scope of this right to include  Right to live with human dignity.  Right to free from exploitation.  Right to shelter and livelihood. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Article 21A - Right to Education. Article 22 - Protection against Arrest and Detention in certain cases. Punitive Detention or Legal Arrest  A person has the following rights  No one can be arrested without being told the grounds for such an arrest.  If arrested, the person has the right to defend himself by a lawyer of his choice.  Also, the police must take that person to the nearest magistrate within 24 hours. Preventive Detention  It means that if the government feels that a person can be a threat to law and order or the peace and security of the nation, it can detain or arrest that person.  Detention can be extended only for three months.  After three months such a case is brought before an advisory board for review.  But this provision has often been misused by the government.  There is a clear tension between the right to life and personal liberty and the provision for preventive detention. 3. Right against Exploitation Article 23 - Prohibition of traffic in human beings and forced labour.  Begar or forced labour is labour without payment.  Trafficking means buying and selling human beings and using them as slaves. Article 24 - Prohibition of employment of children in hazardous jobs.  The Constitution forbids the employment of children below the age of 14 years in dangerous jobs like factories and mines.  With child labour being made illegal and the right to education becoming a fundamental right for children, this right against exploitation has become more meaningful. 4. Right to Freedom of Religion  This freedom is considered a hallmark of democracy.  India is home to several religions, so government must extend equal treatment to different religions.  Or it also means the government will not favour any particular religion.  India does not have any official religion.  The objective of these provisions is to sustain and nurture the principle of secularism. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Article 25 - Freedom of Conscience and free Profession, Practice and Propagation of Religion.  Freedom of conscience - This means that a person may choose any religion or may choose not to follow any religion.  Freedom of religion is subject to certain limitations.  The government can impose restrictions on the practice of freedom of religion to protect public order, morality, and health.  The government can interfere in religious matters for rooting out certain social evils.  The Constitution does not allow forcible conversions. Article 26 - Freedom to manage Religious Affairs.  Every person has a right to profess, practise, and propagate the religion he or she believes in.  Every religious group or sect is free to manage its religious affairs.  A right to propagate one’s religion, however, does not mean that a person has the right to compel another person to convert into his religion using force, fraud, inducement, or allurement.  But a person is free to change the religion of his or her own will.  Freedom to practice religion does not mean that a person can do whatever he wants in the name of religion.  Religious practices which treat women as inferior or those that infringe women’s freedom are not allowed. Article 27 - Freedom to pay Taxes for Promotion of any particular Religion.  In India, the government cannot compel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institution. Article 28 - Freedom to attend Religious Instruction or Worship in certain Educational Institutions.  There shall be no religious instruction in the government educational institutions.  In educational institutions managed by private bodies, no person shall be compelled to take part in any religious instruction or to attend any religious worship. 5. Cultural and Educational Rights  Constitution makers were so particular in providing written guarantees of the rights of the minorities.  Since the working of democracy gives power to the majority, the language, culture, and religion of minorities need special protection.  Otherwise, they may get neglected or undermined under the impact of the language, religion, and culture of the majority. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Article 29 - Protection of Language, the Culture of Minorities.  Types of Minorities in India:  Religious Minorities.  Linguistic Minorities.  Cultural Minorities. Article 30 - Right of Minorities to Establish Educational Institutions.  All minorities, religious or linguistic, can set up their educational institutions to preserve and develop their own culture. 6. Right to Constitutional Remedies Article 32 - Right to move the Courts to Issue Directions/Orders/Writs for Enforcement of Rights.  Right to constitutional remedies is the means through which fundamental rights are defended against any attacks.  Dr Ambedkar considered this right as the heart and soul of the constitution.  The Supreme Court and the High Courts can issue orders and give directives to the government for the enforcement of rights.  Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government.  We can challenge such laws of the central and state governments, the policies and actions of the government, or the governmental organizations like the nationalized banks or electricity boards. Different Writs under Article 32 Habeas corpus  A writ of habeas corpus means that the court orders that the arrested person should be presented before it.  It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory. Mandamus  This writ is issued when the court finds that a particular officeholder is not doing legal duty and thereby is infringing on the right of an individual. Prohibition  This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Quo Warranto  If the court finds that a person is holding office but is not entitled to hold that office, it issues the writ of quo warranto and restricts that person from acting as an officeholder. Certiorari  Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court. Other Mechanisms to protect the rights  Apart from the judiciary, many other mechanisms have been created in later years for the protection of rights such as the National Commission on Minorities, the National Commission on Women, the National Commission on Scheduled Castes, the National Human Rights Commission, etc. Public Interest LIitigation  In case of any violation of a Fundamental Right, the aggrieved person can go to a court for remedy.  But now, any person can go to court against the violation of the Fundamental Right, if it is of social or public interest.  It is called Public Interest Litigation (PIL).  Under the PIL any citizen or group of citizens can approach the Supreme Court or a High Court for the protection of public interest against a particular law or action of the government.  One can write to the judges even on a postcard. National Human Rights Commission (NHRC)  Established in 1993. Composition  A former chief justice of the Supreme Court of India.  A former judge of the Supreme Court.  A former chief justice of a High Court.  Two other members having knowledge and practical experience in matters relating to human rights. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Functions  Inquiry at its initiative or on a petition presented to it by a victim into a complaint of a violation of human rights.  Visit jails to study the condition of the inmates.  Undertaking and promoting research in the field of human rights, etc.  The Commission does not have the power of prosecution.  It can merely make recommendations to the government or recommend to the courts to initiate proceedings based on the inquiry that it conducts. Directive Principles of State Policy  These are the not legally enforceable or non-justiciable guidelines incorporated in the constitution by the constitutional makers.  It means that if a government did not implement a particular guideline, we cannot go to the court asking the court to instruct the government to implement that policy. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved The Chapter on Directive Principles lists mainly 3 things  The goals and objectives that we as a society should adopt.  Certain rights that individuals should enjoy apart from the Fundamental Rights.  Certain policies that the government should adopt. The Governments’ Attempts to give Effect to some DPSPs  Passed several zamindari abolition bills.  Nationalized banks.  Enacted numerous factory laws.  Fixed minimum wages.  Enacted right to education.  Formation of Panchayati Raj Institutions all over the country.  Introduction of the Mid-Day Meal scheme etc. Relationship between Fundamental Rights and Directive Principles  Both can be seen as complementary to each other.  Fundamental Rights restrain the government from doing certain things whereas, Directive Principles exhort the government to do certain things.  Fundamental Rights mainly protect the rights of individuals whereas, directive principles ensure the well-being of the entire society. Fundamental Rights vs DPSPs – Which are more Important?  The government claimed that rights can be abridged for giving effect to Directive Principles.  The court held the view that Fundamental Rights were so important and sacred that they cannot be limited even for purposes of implementing Directive Principles.  This controversy was settled by an important decision of the Supreme Court in the Kesavananda Bharati case.  In this case, the court said that there are certain basic features of the Constitution and these cannot be changed by Parliament. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Right to Property  Originally, there was a fundamental right to acquire, possess and maintain the property.  But by the 44th Constitutional Amendment of 1978, it was removed from the list of Fundamental Rights and converted into a simple legal right under article 300 A to implement certain DPSPs. Expanding Scope of Rights  Fundamental Rights granted by the Constitution are not the only rights citizen have.  While Fundamental Rights are the source of all rights, our Constitution and law offer a wider range of rights.  Over the years the scope of rights has expanded.  From time to time, the courts gave judgments to expand the scope of rights.  Certain rights like the right to freedom of the press, the right to information, and the right to education are derived from the Fundamental Rights.  Now school education has become a right for Indian citizens.  The governments are responsible for providing free and compulsory education to all children up to the age of 14 years.  Parliament has enacted a law giving the right to information to the citizens.  This Act was made under the Fundamental Right to freedom of thought and expression.  Recently the Supreme Court has expanded the meaning of the right to life to include the right to food. Rights Other than Fundamental Rights  Rights are not limited only to Fundamental Rights as enumerated in the Constitution.  Constitution provides many more rights, which may not be Fundamental Rights.  For example, the right to property is not a Fundamental Right but it is a constitutional right.  The right to vote in elections is an important constitutional right.  Sometimes the expansion takes place in what is called human rights.  These are universal moral claims that may or may not have been recognized by law.  Some international covenants have also contributed to the expansion of rights.  New rights emerge as societies develop or as new constitutions are made. POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Fundamental Duties of Citizens  They were not a part of the Original Constitution.  Inserted into the Constitution in 1976, by the 42nd amendment to the Constitution.  There are a total of 11 duties under this part.  They are not legally enforceable.  Examples  We must abide by the Constitution.  Defend our country.  Promote harmony among all citizens.  Protect the environment etc.  It must be noted that our Constitution does not make the enjoyment of rights dependent or conditional upon fulfilment of duties.  That means the inclusion of fundamental duties has not changed the status of our fundamental rights. Probable Questions UPSC CSE PREVIOUS YEAR PRELIMS MCQs 1.) Which one of the following statements is correct? A. Rights are claims of the State against the citizens. B. Rights are privileges that are incorporated in the Constitution of a State C. Rights are claims of the citizens against the State. D. Rights are privileges of a few citizens against the many Solution - C 2.) Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? A. Article 19 B. Article 21 C. Article 25 D. Article 29 Solution - B POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  Probable Questions UPSC CSE PREVIOUS YEAR PRELIMS MCQs 3.) Consider statements: With the following reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon 1. Legislative function 2. Executive function Which of the above statements is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 Nor 2 Solution - D POLITY | Fundamental Rights, DPSPs, and Fundamental Duties Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  Amendment and Basic Structure NCERT Shorts of the Constitution POLITY The Constitution of India  It was adopted on 26 November 1949.  Its implementation formally started on 26 January 1950.  We have inherited a very robust Constitution.  The basic framework of the Constitution is very much suited to our country.  Also, our Constitution makers were very farsighted and provided many solutions for future situations. But no constitution can provide for all eventualities. How does the same Constitution continue to Serve the Country?  Our Constitution accepts the necessity of modifications according to changing needs of society.  In the actual working of the Constitution, there has been enough flexibility of interpretations.  Both political practice and judicial rulings have shown maturity and flexibility in implementing the Constitution.  These factors have made our Constitution a living document. Is Indian Constitution, a Static Document?  The makers of the Indian Constitution placed the Constitution above ordinary law and expected that.  The future generations will respect this document.  At the same time, they recognized that in the future, this document may require modifications.  Indian Constitution is a sacred document and it is an instrument that may require changes from time to time.  In other words, our Constitution is not a static document, it is not the final word about everything; it is not unalterable. POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved How to amend the Constitution?  It is discussed in Article 368.  Parliament may in the exercise of its constituent power amend by way of addition, variation, or repeal any provision of this Constitution in accordance with the procedure laid down in this article.  The Constitution must be amended if so required.  But it must be protected from unnecessary and frequent changes.  Constitution makers wanted the Constitution to be ‘flexible’ and at the same time ‘rigid’.  A constitution that can be very easily changed or modified is often called flexible.  In the case of constitutions, which are very difficult to amend, they are described as rigid.  The Indian Constitution combines both these characteristics.  There were some provisions in the Constitution that were temporary and it was decided that these could be altered later on once the new Parliament was elected.  But at the same time, the Constitution was framing a federal polity and therefore, the rights and powers of the States could not be changed without the consent of the States.  Some other features were so central to the spirit of the Constitution that the Constitution makers were anxious to protect these from change.  These provisions had to be made rigid.  These considerations led to different ways of amending the Constitution. Different Ways of Amending the Constitution  There are many articles in the Constitution, which mention that these articles can be amended by a simple law of the Parliament.  No special procedure for amendment is required in such cases and there is no difference at all between an amendment and an ordinary law.  These parts of the Constitution are very flexible.  Examples:  Article 2: Parliament may by law admit into the union …..new states…  Article 3: Parliament may by law… b) increase the area of any state.  For amending the remaining parts of the Constitution, a provision has been made in Article 368 of the Constitution. POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  In this article, there are two methods of amending the Constitution and they apply to two different sets of articles of the Constitution.  One method is that amendment can be made by a special majority of the two houses of the Parliament.  The other method is more difficult: it requires a special majority of the Parliament and the consent of half of the State legislatures.  Note that all amendments to the Constitution are initiated only in the Parliament.  Besides the special majority in the Parliament, no outside agency like a constitution commission or a separate body is required for amending the Constitution.  An amendment bill, like all other bills, goes to the President for his assent, but in this case, the President has no powers to send it back for reconsideration.  This process underlines an important principle: only elected representatives of the people are empowered to consider and take final decisions on the question of amendments.  Thus, the sovereignty of elected representatives (parliamentary sovereignty) is the basis of the amendment procedure. Special Majority  Ordinarily, all business of the legislature requires that a motion or resolution or bill should get the support of a simple majority of the members voting at that time.  Whereas Constitutional amendment under Article 368 requires a special majority of the Parliament, it means  Those voting in favour of the amendment bill should constitute at least half of the total strength of that House and  The supporters of the amendment bill must also constitute two-thirds of those who take part in voting.  Both Houses of the Parliament must pass the amendment bill separately in this same manner (there is no provision for a joint session).  For every amendment bill, this special majority is required. Ratification by States  When an amendment aims to modify an article related to the distribution of powers between the States and the central government, or articles related to representation, it is necessary that the States must be consulted and that they give their consent.  The Constitution has ensured this by providing that legislatures of half the States have to pass the amendment bill before the amendment comes into effect. POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  Consent of only half the States is required and a simple majority of the State legislature is sufficient. Why have there been so many Amendments?  In these years, it was amended 104 times (as of February 2021).  Seeing the constitutional amendment history, one can say that irrespective of the nature of politics and the party in power, amendments were required to be made from time to time. Contents of Amendments made so far Amendments made so far may be classified into three groups. Amendments having a Technical or Administrative Nature  They were only clarifications, explanations, and minor modifications, etc. of the original provisions.  They are amendments only in the legal sense, but as a matter of fact, they made no substantial difference to the provisions.  Examples:  15th Amendment – It increased the age of retirement of High Court judges from 60 to 62 years.  54th Amendment – it increased salaries of judges of High Courts and the Supreme Court. Amendments due to Differing Interpretations  Several amendments are a product of different interpretations of the Constitution given by the judiciary and the government of the day.  When these clashed, the Parliament had to insert an amendment underlining one particular interpretation as the authentic ones.  In the period 1970-1975, the Parliament repeatedly made amendments to overcome the adverse interpretations by the judiciary. Amendments through Political Consensus  It is another large group of amendments that have been made as a result of the consensus among the political parties.  This political consensus made it necessary that some changes had to be made to reflect the prevailing political philosophy and aspirations of the society.  Many of the amendments of the post-1984 period are instances of this trend.  Examples: POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   52nd Amendment – Anti-defection amendment.  61st Amendment - bringing down the minimum age for voting from 21 to 18.  73rd and 74th Amendments. Controversial Amendments  Amendments during the period 1970 to 1980 generated a lot of legal and political controversy.  The parties that were in opposition during the period 1971-1976, saw many of these amendments as attempts by the ruling party to subvert the Constitution.  In particular, the 38th, 39th, and 42nd amendments have been the most controversial amendments so far.  These three amendments were made in the background of an internal emergency declared in the country from June 1975.  They sought to make basic changes in many crucial parts of the Constitution.  Through the 43rd and 44th amendments, the Parliament cancelled most of the changes that were affected by the 38th, 39th, and 42nd amendments.  The constitutional balance was restored by these amendments. The 42nd Amendment  The 42nd amendment was particularly seen as a wide-ranging amendment affecting large parts of the Constitution.  It was also an attempt to override the ruling of the Supreme Court given in the Kesavananda case.  The duration of the Lok Sabha was extended from five to six years.  This amendment was practically a rewriting of many parts of the original Constitution.  This amendment made changes to the Preamble, to the seventh schedule of the Constitution, and 53 articles of the Constitution. Basic Structure and Evolution of the Constitution  The Judiciary advanced this theory in the famous case of Kesavananda Bharati (1973).  This ruling has contributed to the evolution of the Constitution in the following ways  It has set specific limits to Parliament’s power to amend the Constitution.  It says that no amendment can violate the basic structure of the Constitution.  It allows Parliament to amend any and all parts of the Constitution (within this limitation). POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved   It places the Judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure.  In the past four decades, this decision has governed all interpretations of the Constitution and all institutions in the country have accepted the theory of basic structure.  In fact, the theory of basic structure is itself an example of a living constitution.  There is no mention of this theory in the Constitution.  It has emerged from judicial interpretation.  Thus, the Judiciary and its interpretation have practically amended the Constitution without a formal amendment.  Since 1973, the Court has, in many cases, elaborated upon this theory of basic structure and given instances of what constitutes the basic structure of the Constitution of India.  In a sense, the basic structure doctrine has further consolidated the balance between rigidity and flexibility: by saying that certain parts cannot be amended, it has underlined the rigid nature while by allowing amendments to all others it has underlined the flexible nature of the amending process. Review of the Constitution  In the year 2000, a commission to review the working of the Constitution was appointed by the Government of India under the chairmanship of a retired Chief Justice of the Supreme Court, Justice Venkatachaliah.  Opposition parties and many other organizations boycotted the commission.  While a lot of political controversies surrounded this commission, the commission stuck to the theory of basic structure and did not suggest any measures that would endanger the basic structure of the Constitution.  This shows the significance of the basic structure doctrine in our constitutional practice. Judicial Interpretation and Evolution of the Constitution There are many instances of how rulings by the Court contribute to the evolution of the Constitution. Examples:  The 50% restriction as to the upper limit for reservation.  Introduction of Creamy Layer in OBC Category.  Interpretation in  Right to Education.  Right to Life and Liberty.  Right to form and manage Minority Educational Institutions. POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Challenge of Deepening of Democracy  It is faced by every democracy in one form or another.  This involves strengthening the institutions and practices of democracy.  This should happen in such a way that people can realize their expectations of democracy.  But ordinary people have different expectations from democracy in different societies.  Therefore, this challenge takes different meanings and paths in different parts of the world.  In general terms, it usually means strengthening those institutions that help people’s participation and control.  This requires an attempt to bring down the control and influence of the rich and powerful people in making governmental decisions. Political Reforms  All the suggestions or proposals about overcoming various challenges to democracy are called ‘democracy reform’ or ‘political reform’. Some of them are  Introducing Legal ways of reforming politics.  Like the introduction of new laws to ban undesirable things.  But it has to be resisted because legal-constitutional changes by themselves cannot overcome challenges to democracy.  Any legal change or reform must carefully look at what results it will have on politics.  Sometimes the results may be counter-productive.  For example, many states have banned people who have more than two children from contesting panchayat elections.  This has resulted in the denial of democratic opportunity to many poor and women, which was not intended.  Democratic reforms are to be carried out mainly by political activists, parties, movements, and politically conscious citizens.  Laws that give political actors incentives to do good things have more chances of working.  The best laws are those which empower people to carry out democratic reforms.  The Right to Information Act is a good example of a law that empowers the people to find out what is happening in government and act as watchdogs of democracy. POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved Constitution as a Living Document  The Constitution is described as a living document because  Almost like a living being, this document keeps responding to the situations and circumstances arising from time to time.  It responds to experience like a living being.  Even after so many changes in society, it continues to work effectively because of its ability to be dynamic, to be open to interpretations, and the ability to respond to the changing situation.  This is a hallmark of a democratic constitution.  A constitution, which protects democracy and yet allows for the evolution of new practices becomes not only durable but also the object of respect from the citizens. Probable Questions UPSC CSE PRELIMS PREVIOUS YEAR QUESTIONS 1.) Consider the following statements: 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary. Which of the statements given above is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2 Solution - B 2.) The Ninth Schedule was introduced in the Constitution of India during the prime Ministership of? A. Jawaharlal Nehru B. Indira Gandhi POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  Probable Questions UPSC CSE PRELIMS PREVIOUS YEAR QUESTIONS C. Lal Bahadur Shastri D. Morarji Desai Solution - A 3.) Consider the following statements: An amendment to the Constitution of India can be initiated by the 1. Lok Sabha 2. Rajya Sabha 3. President 4. State Legislatures Which of the above statements is/are correct? A. 1 only B. 2,3 and 4 only C. 1,2 and 3 only D. 1 and 2 only Solution - D 4.) Consider the following statements: 1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only. 2. If such an amendment seeks to make changes in the federal character of the constitution, the amendment also requires to be ratified by the legislature of all the states of India. Which of the statements given above is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2 Solution - D POLITY | Amendment and Basic Structure of the Constitution Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved NCERT Shorts Federalism POLITY What is Federalism ?  Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country.  Usually, a federation has two levels of government.  One is the government for the entire country that is usually responsible for a few subjects of common national interest.  The others are governments at the level of provinces or states that look after much of the day-to-day administering of their state.  Federalism as a principle of government has evolved differently in different situations.  American federalism – one of the first major attempts to build a federal polity – is different from German or Indian federalism. Unitary System  In a unitary system, the national government has all the powers.  Under it, either there is only one level of government or the sub-units are subordinate to the central government. Key Features of Federalism  It is essentially an institutional mechanism to accommodate two sets of polities—one at the regional level and the other at the national level.  Each government is autonomous in its own sphere.  In some federal countries, there is even a system of dual citizenship.  India has only single citizenship.  The people have two sets of identities and loyalties—they belong to the region as well as the nation, for example, we are Gujaratis or Jharkhandis as well as Indians.  Each level of the polity has distinct powers and responsibilities and has a separate system of government.  The details of this dual system of government are generally spelt out in a written constitution, which is considered to be supreme and which is also the source of the power of both sets of government. POLITY | Federalism Copyright © 2014-2021 Testbook Edu Solutions Pvt. Ltd.: All rights reserved  The fundamental provisions of the constitution cannot be unilaterally changed by one level of government.  Such changes require the consent of both levels of government.  To prevent conflicts between the centre and the State, there is an independent judiciary to settle disputes.  The judiciary has the powers to resolve disputes between the central government and th