Indian Polity Udaan (English) PDF - 2023-24 Edition

UDAAN3.0 Quick and Comprehensive Revision Series Indian Polity (i) EDITION: 2023-24 Published By: Physics Wallah ISBN: 978-81-19013-95-1 Mobile App: Physics Wallah (Available on Play Store) Website: www.pw.live...

UDAAN3.0 Quick and Comprehensive Revision Series Indian Polity (i) EDITION: 2023-24 Published By: Physics Wallah ISBN: 978-81-19013-95-1 Mobile App: Physics Wallah (Available on Play Store) Website: www.pw.live Youtube Channel: Physics Wallah - Alakh Pandey UPSC Wallah UPSC Wallah - Hindi Medium PSC Wallah - UP Bihar MPSC Wallah Email: [email protected] Rights All rights are reserved with the Publisher. No part of this book may be used or reproduced in any manner whatsoever without written permission from the author or publisher. In the interest of the student community: Circulation of soft copy of Book(s) in PDF or other equivalent format(s) through any social media channels, emails, etc. or any other channels through mobiles, laptops or desktop is a criminal offense. Anybody circulating, downloading, or storing, a soft copy of the book on his device(s) is in breach of the Copyright Act. Further photocopying of this book or any of its material is also illegal. 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From the beginning, the whole content team comprising Content Creators, Reviewers, DTP operators, Proofreaders and others are involved in shaping the material to their best knowledge and experience to produce powerful content for the students. Faculties have adopted a new style of presenting the content in easy-to-understand language and have provided the team with their guidance and supervision throughout the creation of this Study Material. PW ONLY IAS strongly believes in conceptual and fun-based learning. PW ONLY IAS provides highly exam-orient- ed content to bring quality and clarity to the students. A plethora of UPSC Study Material is available in the market but PW ONLY IAS professionals are continuously working to provide the supreme Study Material for our UPSC students. This Study Material adopts a multi-faceted approach to master and understanding the concepts by having a rich di- versity of questions asked in the examination and equip the students with the knowledge for the competitive exam. The main objective of the study material is to provide short, crisp, concise and quality content to our students. BOOK FEATURES z Discussion of Highly Probable Topics for Prelims z Updated Booklets with Latest Data and Facts z Concise and Curated Content for Solving Objective Questions z Inclusion of Tables, Flowcharts and Mindmaps for Easy Memorisation  CONTENTS 1. Historical Background.................................... 1-4 5.9: Advisory Committees of Union Territories.... 17 1.1. The Company Rule: 1773 – 1858.................... 1 5.10. Constitutional Provisions............................... 17 1.2. The Crown Rule: 1858-1947........................... 2 6. Citizenship................................................... 19-22 2. Making of the Indian Constitution................. 5-7 6.1. Comparison between Citizens and Aliens..... 19 2.1. Working of the Constituent Assembly............. 5 6.2. Important Points to Note............................... 19 2.2. Important Milestones and concepts 6.3. Constitutional Provisions related to related to Constituent Assembly (C.A.)........... 5 Citizenship..................................................... 19 2.3. Objective Resolution........................................ 6 6.4. Acquisition of Citizenship............................. 20 2.4. Changes by the Independence Act, 1947......... 6 6.5. Loss of Citizenship........................................ 20 2.5. Functions Performed by Constituent 6.6. Single Citizenship.......................................... 21 Assembly.......................................................... 6 6.7. Citizenship Amendment Act, 2019............... 21 2.6. Drafting Committee........................................ 6 6.8. Comparison between NRI, PIO, 2.7. Enactment and enforcement of the Constitution.....7 and OCI Cardholder...................................... 21 2.8. Important Facts about Indian Constitution..... 7 7. Fundamental Rights.................................... 23-36 3. Salient Features of the Constitution............. 8-11 7.1. Features of Fundamental Rights.................... 23 3.1. Significant Features of the Constitution.......... 8 7.2. Constitutional Provisions pertaining to Fundamental Rights................. 23 3.2. Sources of the Constitution............................ 10 7.3. Fundamental Rights of Indians and 3.3. National Symbols........................................... 10 Foreigners....................................................... 24 4. Preamble of the Constitution...................... 12-14 7.4. Definition of State and Laws inconsistent with Fundamental Rights............................... 24 4.1. Introduction................................................... 12 7.5. Right to Equality: Article 14-18.................... 25 4.2. Components of Preamble............................... 12 7.6. Right to Freedom: Article 19-22.................... 27 4.3. Significance of Preamble................................ 12 7.7. Right Against Exploitation: Article- 23-24....... 30 4.4. Keywords in Preamble.................................... 12 7.8. Right to Freedom of Religion: 4.5. Amendability of Preamble.............................. 14 Article- 25-28................................................ 31 5. States and Union Territories....................... 15-18 7.9. Right to Constitutional Remedies: Article 32.... 31 7.10. Armed Forces and Fundamental Rights: 5.1. About States and Union Territories............... 15 Article 33-35.................................................. 33 5.2. Important concepts regarding States 7.11. Exceptions to Fundamental Rights................ 34 and UTs.......................................................... 15 7.12. Right to Vote (Constitutional Right)............. 34 5.3. Various Commissions in Evolution of States and UTs............................................... 15 7.13. Universal Declaration of Human Rights (UDHR)............................................. 35 5.4. Comparison between the States and the UTs.... 16 7.14. Criticism and Significance of 5.5. States and Union Territories created after 1956......16 Fundamental Rights....................................... 35 5.6. Jammu and Kashmir Reorganization, 2019.... 16 7.15. Rights Outside Part III.................................. 35 5.7. Administration of Union Territories.............. 16 7.16. Comparison between Fundamental 5.8. Power of Parliament to make Laws with Rights, Directive Principles, and respect to Union Territories............................ 17 Fundamental Duties....................................... 36  8. Directive Principles of State Policy............. 37-40 13.3. Financial Relations (Article 268-293); Part XII.......................................................... 55 8.1. Features of Directive Principles of State Policy.............................................................. 37 13.4. Distribution of Tax revenues.......................... 57 8.2. Classification of Directive Principles 13.5. Committees on Centre-State Relations......... 57 of State Policy................................................ 37 14. Inter-State Relations.................................... 58-60 8.3. New Directive Principles................................ 38 8.4. Conflict between Fundamental Rights 14.1. Important Articles.......................................... 58 and DPSP...................................................... 39 14.2. Public Acts, Records and Judicial 8.5. Difference between Fundamental Rights Proceedings (Article 261)............................... 58 and DPSPs..................................................... 40 14.3. Inter-State Water Disputes (Article-262)...... 58 8.6. Importance/Significance of DPSP................. 40 14.4. Inter-State Council (Article-263).................. 58 8.7. Legal Services Authorities Act, 1987............. 40 14.5. Inter-State Trade & Commerce..................... 59 14.6. Zonal Councils............................................... 59 9. Fundamental Duties.................................... 41-42 14.7. North-Eastern Council.................................. 60 9.1. List of Fundamental Duties........................... 41 9.2. Swaran Singh Committee Recommendations.......41 15. Emergency Provisions................................. 61-65 9.3. Important Features of the Fundamental Duties.....41 15.1. National Emergency, President’s Rule, and Financial Emergency............................... 61 10. Amendment of the Constitution................. 43-46 15.2. Effect of Imposition of National Emergency..... 63 10.1. Procedure for the Amendment of 15.3. Effect of Imposition of President’s Rule........ 64 Constitution (Article 368)............................. 43 15.4. Effects of Financial Emergency..................... 64 10.2. Types of Majority and various provisions....... 43 15.5. Quick comparison between 10.3. Major Constitutional Amendments............... 44 the three Emergencies.................................... 65 10.4. Supreme Court as the final interpreter and Guardian of the Constitution.................. 46 16. President and Governor.............................. 66-73 10.5. Criticism of the Amendment Procedure........ 46 16.1. President........................................................ 66 16.2. Governor........................................................ 70 11. Evolution of Basic Structure Doctrine........ 47-48 11.1. Evolution of Basic Structure Doctrine........... 47 17. Vice-President.............................................. 74-75 11.2. Elements of Basic Structure........................... 48 17.1. Important Provisions...................................... 74 17.2. Comparison between the Indian 12. Parliamentary and Federal System of Vs. American President.................................. 75 Government................................................. 49-52 18. Prime Minister and Chief Minister............ 76-77 12.1. Features of Parliamentary and Presidential System of Government............... 49 18.1. Provisions related to Prime Minister (PM) and Chief Minister (CM).................... 76 12.2. Merits & Demerits of Presidential Government................................................... 50 19. Union and State Council of Minister.......... 78-79 12.3. Merits & Demerits of Parliamentary System.... 50 19.1. Important Provisions related to Union 12.4. Reasons for adopting Parliamentary System...... 50 Council of Minister and State Council 12.5. Distinction between Indian and British Models....51 of Minister..................................................... 78 12.6. Features of Federal and Unitary System......... 51 12.7. Indian Constitution and Federal System........ 51 20. Parliament.................................................... 80-92 12.8. Political Scientists and 20.1. Important Provisions...................................... 80 Description of Indian Federation................... 52 20.2. Membership of the Parliament...................... 81 12.9. Constitutional Amendment........................... 52 20.3. Presiding Officers of the Parliament.............. 82 20.4. Secretariat of Parliament................................ 83 13. Centre-State Relations................................. 53-57 20.5. Leaders in Parliament and Whip................... 84 13.1. Legislative Relations-(Article- 245 to 255), 20.6. Important Concepts related to Parliament..... 84 Part XI........................................................... 53 20.7. Devices of Parliamentary Proceedings........... 85 13.2. Administration Relations (Article 256-263); Part XI.............................. 54 20.8. Legislative Procedure in Parliament............... 87  20.9. Joint Sitting (Article 108) of two Houses: 25.3. Lok Adalat................................................... 114 Lok Sabha and Rajya Sabha........................... 89 25.4. Permanent Lok Adalat................................. 144 20.10. Budget (Article- 112) in the Parliament........ 89 25.5. Family Court................................................ 114 20.11. Comparison between Interim Budget 25.6. Gram Nyayalayas......................................... 114 and the Vote on Account................................ 90 20.12. Cut motions................................................... 90 26. Tribunals.................................................. 116-117 20.13. Various kinds of Grants.................................. 90 26.1. Constitutional Provisions............................. 116 20.14. Comparison between different types of 26.2 Central and State Administrative Tribunals..... 116 Funds............................................................. 91 26.3. Comparison between the Court of 20.15. Role and powers of Parliament...................... 91 Law and Tribunal......................................... 117 20.16. Position of Rajya Sabha with respect to Lok Sabha...................................................... 91 27. Panchayats............................................... 118-120 20.17. Parliamentary Privileges................................. 92 27.1. Evolution of Panchayats in India................. 118 20.18. Sovereignty of Parliament.............................. 92 27.2. Panchayat (73rd Constitutional Amendment Act, 1992)............................... 119 21. Parliamentary and Cabinet Committees.... 93-94 21.1. Parliamentary Committee.............................. 93 28. Municipalities.......................................... 121-122 21.2. Cabinet Committee....................................... 94 28.1. Evolution of Municipalities in India............ 121 28.2. Municipality (74th Amendment Act, 1992).... 121 22. State Legislatures....................................... 95-100 22.1. Legislative Assembly...................................... 95 29. Scheduled and Tribal Areas.................... 123-124 22.2. Legislative Council........................................ 95 29.1. Constitutional Provisions............................. 123 22.3. Other Provisions related to Members 29.2. 5th Schedule: Administration of of Assembly and Council............................... 96 Scheduled Areas........................................... 123 22.4. Presiding Officers of the State Legislature..... 97 29.3. 6th Schedule: Administration of 22.5. Sessions of State Legislature.......................... 98 Tribal Areas.................................................. 123 22.6. Legislative Procedure in State Legislature..... 98 30. Special Provisions for some States.......... 125-126 22.7. Position of Legislative Council...................... 99 30.1. Special Provisions......................................... 125 22.8. Privileges of State Legislature...................... 100 30.2. States and Constitutional Provisions............ 125 23. Supreme Court......................................... 101-106 31. Constitutional Bodies.............................. 127-134 23.1. Difference between Indian and 31.1. Union & State Public Service Commissions........127 American Judiciary....................................... 101 31.2. Election Commission (ECI) & Comptroller 23.2. Concurrence Vs Consultation...................... 101 and Auditor General of India (CAG).......... 129 23.3. Constitutional Provisions pertaining to 31.3. National Commission for Scheduled Supreme Court............................................. 102 Castes, Scheduled Tribes, and Backward 23.4. Jurisdiction and Powers of Supreme Court...... 104 Classes:......................................................... 131 24. High Court............................................... 107-112 31.4. Attorney General of India and Advocate General of State........................................... 132 24.1. Constitutional Provisions pertaining to 31.5. GST Council and Special Officer for High Court.................................................. 107 Linguistic Minorities................................... 133 24.2. Jurisdiction and Powers of High Court........ 109 31.6. Finance Commission................................... 133 24.3. Common Jurisdiction of High Court with two or more States/UTs....................... 110 32. Extra- Constitutional Bodies.................. 135-141 24.4. Judicial Review and Judicial Activism.......... 111 32.1. National and State Human Rights 24.5. Public Interest Litigation (PIL)................... 111 Commission................................................. 135 32.2. Central Bureau of Investigation................... 137 25. Subordinate Court................................... 113-115 32.3. Central & State Information Commission 25.1. Provisions related to Subordinate Courts..... 113 and Central Vigilance Commission............. 137 25.2. National Legal Services Authority............... 114 32.4. Lokpal and Lokayukta................................. 138 (vi)  32.5. Niti Aayog (National Institution 35. Official Language..................................... 144-145 for Transforming India)............................... 139 35.1. Classic Language Status............................... 145 32.6. Niti Aayog Vs the Planning Commission.... 141 36. Schedules of the Constitution................. 146-147 33. Cooperative Societies 142 37. Order of Precedence: Republic of India. 148-151 34. Anti-Defection Law.........................................143 34.1. Provisions of the Anti-Defection Law......... 143 38. International Organization.............................151 (vii)  1 Historical Background 1.1 THE COMPANY RULE: 1773 – 1858 Regulating Pitt’s India Charter Charter Charter Charter Act, 1773 Act, 1784 Act, 1793 Act, 1813 Act, 1833 Act, 1853 Fig. 1.1: The Company Rule A. Regulating Act, 1773 z Act distinguished between the commercial and z First step taken by the British Government to control political functions of the Company. and regulate the affairs of the East India Company z Established a Board of Control to guide and control in India. the work of the Court of Directors and the Government z The Act recognized the right of Parliament to of India. regulate the civil, military and revenue affairs of the z Empowered the Board of Control to supervise and company’s territories in India. direct all operations of the British possessions in z It recognized, for the first time, the political and India such as: the civil, the military and the revenues. administrative functions of the Company. C. Charter Act, 1793 z Laid the foundations of central administration in z Extended the overriding power given to Lord India. Cornwallis over his council, to all future Governor- z Designated the Governor of Bengal as the ‘Governor- Generals and Governors of Presidencies. General of Bengal’ and created an Executive Council z Gave the Governor-General more powers and control of four members to assist him. The first such over the governments of the subordinate Presidencies Governor-General was Lord Warren Hastings. of Bombay and Madras. z Establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three z Extended the trade monopoly of the Company in other judges. India for another period of twenty years. z Prohibited the servants of the Company from z Provisions were made so that the Commander- engaging in any private trade or accepting presents in-Chief was not to be a member of the Governor- or bribes from the Natives. General’s council, unless he was so appointed. z Strengthened the control of the British Government z The Act also laid down that the members of the Board over the Company by requiring the Court of Directors of Control and their staff were, henceforth, to be paid (governing body of the Company) to report on its out of the Indian revenues. revenue, civil, and military affairs in India. z Made the governors of Bombay and Madras D. Charter Act of 1813 presidencies subordinate to the Governor General z In Europe, the spirit of laissez-faire and Continental of Bengal, unlike earlier, when the three presidencies System of Napoleon Bonaparte’s had prohibited were independent of one another. the import of British goods into French allies in Europe, and as a result of it the British traders and B. Pitt’s India Act, 1784 merchants suffered heavily. z Extended the control of the British Government z The Charter Act of 1813 sought to redress those over the Company’s affairs and its administration grievances of the British traders and merchants. in India. z Ended the trade monopoly of the East India Company z The Act also directed the Governor General-in- in India, except the company’s monopoly in trade Council to adopt measures to mitigate the state of with China and trade in tea. slavery, persisting in India since the sultanate Era. z It asserted the sovereignty of the British Crown z Laid down regulation for establishment of Christian over the Company’s territories in India. establishments in India. z The company’s rule was extended for another 20 years. F. Charter Act of 1853 z Powers of the Board of Control were further z The last of the series of Charter Acts passed by the extended. British Parliament between 1793 and 1853. z Act granted permission to the persons who wished z The Act empowered the British East India Company to go to India for promoting moral and religious to retain the territories and the revenues in India improvements - Christian Missionaries. in trust for the crown not for any specified period, z The Act regulated the company’s territorial unlike the previous Charter Acts of 1793, 1813 and revenues and commercial profits. It was asked to 1833 which renewed the Charter for 20 years. keep its territorial and commercial accounts separate. z Separated the legislative and executive functions z Contained provision that the Company should invest of the Governor-General’s council for the first time. Rs. 1 Lakh every year on the education of Indians. z It provided for the addition of six new members z Empowered the Local Governments in India to called legislative councilors to the council (12 in impose taxes on persons and to punish those who total). did not pay them. z This legislative wing of the council functioned as a “mini- Parliament”, adopting the same procedures E. Charter Act of 1833 as the British Parliament. z Reconstituted the administration on a new model z Law member (fourth member) became a full to give it an all-India character. Thus, the Act was the member with the right to vote. final step towards centralization in British India. z Introduced an open competition system of z Company’s monopoly over trade with China and in tea ended. selection and recruitment of civil servants; thus, it was thrown open to the Indians too. z Legalized the British colonization of India: the East India Company converted from a commercial body to z Appointed Macaulay Committee on the Indian Civil an administrative body. Service in 1854. z Company’s territories in India were held by the z Number of Board of Directors was reduced from government ‘in trust for His Majesty, His heirs and 24 to 18 out of which 6 people were to be nominated successors’. by the British Crown. z Governor-General of Bengal as the “Governor- z The Act also introduced local representation in the General of India” and vested in him all civil and Indian (Central) Legislative Council for the first military powers. time. z Lord William Bentinck the first Governor-General of India. 1.2 THE CROWN RULE: 1858-1947 z The Governor-General of India had legislative powers over the entire British India. Thus, Governors of A. Government of India Act, 1858 Bombay and Madras lost their legislative powers. z Known as the “Act of Good Government of India”. It z Laws made under the previous acts were called abolished the East India Company and transferred “Regulations” while laws made under this act were powers to the Crown. called “Acts”. z Rule of the Company ended, and Viceroy was the z The Governor-General in council had the authority to amend, repeal or alter any law in British Indian new Designation of the “Governor General of India”; territories. who was the direct representative of the British Crown in India. z The Governor-General’s government was called “Government of India” and the council was called z Abolished the Board of Control and Court of Directors “India Council”. thus, ending Double Government. z Indian Law Commission (1834) was established to z Created the Office for “Secretary of State” for India. codify all Indian laws. The first Law Commission had He was a member of the British Cabinet responsible Lord Macaulay as its chairman. to the British Government. 2 Udaan 3.0 Polity and Constitution P W  Indian Indian Indian Indian Government Government Government Councils Councils Councils Councils of India of India of India Act, 1858 Act, 1861 Act, 1892 Act, 1909 Act, 1919 Act, 1919 Act, 1947 Fig. 1.2: The Crown Rule z The Secretary of State was to be assisted by a Universities, Trade Associations, Zamindars and Council of 15 members. It was an advisory body Chambers. with the Secretary of State being the Chairman of z Word ‘Election’ was nowhere mentioned but a the Council. limited and indirect election for the Nominated z It focused on improving administrative machinery members was introduced in this Act. (Governor General of India replaced by Viceroy under the Crown etc.) of India. D. Indian Councils Act, 1909 (Morley Minto Reforms) B. Indian Councils Act, 1861 z The Legislative Council was enlarged. In the Central z Provided for Viceroy to nominate some ‘Nominated’ Legislative Council members were increased from Indians in the extended Legislative Council. (by 16 to 60. In Provincial Councils, the number was 1862, Viceroy Canning nominated three Indians in not uniform. the Legislative council). z The Central Legislative Council continued to have z The Legislative Powers of Bombay and Madras Official majority, whereas Non-Official Majority was Presidencies were restored. allowed in the Provincial Legislative Council. z It made provisions of the Formation of the New z More powers were given to the Legislative Councils. Legislative Council (Upper House) for Bengal z Members were allowed to ask supplementary (formed in 1862), Northwestern Province (1886), and questions. Punjab (1897). The presidencies of Bombay, Madras and Bengal had more power than this. z Voting for separate items on the Budget allowed. z The Viceroy was empowered to issue an Ordinance z Budget as a whole could still not be voted upon. without the consent of the Legislative Council in case z Separate Electorate for Muslims introduced. Only of emergency. This Ordinance was valid for 6 months Muslims could vote for the Muslim Candidates. from the date of issue. z Lord Minto became the “Father of Communal z It recognized the “Portfolio system” which was Electorate” · Indians were allowed in the Executive started by Lord Canning in 1859. Council of the Viceroy for the first time. Satyendra Prasad Sinha was appointed as a Law member in Additional Information the Viceroy Executive Council. z Portfolio System: In it, a member of Viceroy Council z Separate representation for Presidency Corpo- was made in charge of one or more Departments rations, Chamber of Commerce, Universities etc. and could independently take decisions and issue z It was the first attempt to introduce “Representative orders on the behalf of the Council. and Popular Elements” in the Council. Councils were C. Indian Councils Act, 1892 referred to as Legislative Councils for the first time. Additional non-official members increased in z E. Government of India Act of 1919: Montagu Central and Provincial Legislative Councils. Official majority was maintained. Chelmsford Reforms: Montford Reforms z Increase in Functions of Legislative Councils: z Central and Provincial Subjects were separated power of discussing Budget and addressing the with the power to make Laws on their respective Questions to the Executive. subjects. z Provided for the nomination of some non-Official z Element of Dyarchy was introduced (Dual Rule/ members of: Double Government: Division of the Subjects  Central Legislative Council: by the Viceroy on allocated to the states into Two Categories, one the Recommendation of the Provincial Legislative managed by Executive Branch, Second by Popular Council and Bengal Chamber of Commerce. ministers who were Indians) in the Provinces.  Provincial Legislative Council: by the Governor z Provincial Subjects were divided into two parts: on the advice of District Board, Municipalities, Reserved and Transferred: P Historical Background 3 W   Reserved Subjects: They were to be administered z The Secretary of State was provided with a team of by the Governor General and his executive Council. Advisors. The Council of India was abolished. They were not responsible to the Legislative z Extended Franchise: 10% of people got the voting council. rights.  Transferred Subjects: They were to be z Established the Reserve Bank of India for controlling administered by the Governor General with the currency and credit. help of his council. They were responsible to the z Establishment of a Federal Court. It was established legislative council for these subjects. in 1937. z For the First time, the Indian Legislative Council z Significance: It was another important step was replaced by the Upper and Lower House of introduction of Responsible Government. the Parliament (Bicameralism). Majority members were to be chosen by Direct Elections. G. Government of India Act, 1947 z Three of the six members of the Viceroy Executive z It was brought in response to the Mountbatten Plan. Council were Indians. (Excluding Commander in z It gave the provisions of Partition of India with Chief). the creation of two independent Dominion; India, z Separate electorate: for Sikhs, Indian Christians, Pakistan. These Dominions had the Right to secede Anglo Europeans, Europeans (Element of Communal from the British Commonwealth. Representation). z Governor Generals were to be appointed in both z Franchise given to a limited number of people on the Dominion of India and Pakistan by the King of the basis of property, Tax, Education. Britain. z Provincial Budget was separated from Central z The Office of the Viceroy came to an end. Hereafter Budget and Provinces were allowed to enact their the British king would not have any responsibility own Budget. w.r.t the Government of India. z Provided for setting up of a Commission to see the z Gave the authority to the Dominions to govern working after 10 years of these provisions coming as per the provision of the Act of 1935 or make into force. The Simon Commission was appointed in modifications if need be. 1927 for this purpose. z Constituent assemblies of the Dominions were z It was the first time the British Government empowered to frame and enact the Constitution. They declared its intention of introducing a Responsible could also repeal any Act including the Independence Government in the Country. of India Act. The Constituent Assembly could legislate F. Government of India Act, 1935 over their territories till the drafting and enactment of the New Constitution. z All India Federation consisting of Provinces and Princely states. It provided for division of Subjects z Designated the Governor-General of India and the based on Centre, Provincial and Concurrent List. provincial governors as constitutional (nominal) heads of the states. They were made to act on the z Residuary powers were with the Governor General. advice of the respective council of ministers in all z Princely States did not join the Federation. matters. z Diarchy was abolished and Provincial autonomy z It dropped the title of “Emperor of India” from the was introduced. Diarchy provision in the Centre royal titles of the King of England. was introduced. Federal Subjects were divided into z Right to Veto Bills or ask for Reservation of Bills Reserved and Transferred. (This provision never of the Governor were reserved but were taken away came to being.) from the British Monarch. z Provinces were allowed to act as independent units z The Office of Secretary of State was abolished and of administration. functions were transferred to the Secretary of States z Governor was required to act under the advice of for the Commonwealth. the ministers responsible to the provincial legislature. z British paramountcy over princely states came to This provision came into force in 1937 and repealed an end. They were allowed to be independent or join in 1939. any dominion. z Bicameralism (Upper House-Lower House): It came z Discontinued the appointment to civil services into being in 6 out of 11 provinces. Bengal, Bombay, and reservation of posts by the secretary of state Madras, United Province, Bihar and Assam. for India. z Separate Electorate: It was introduced for the z Significance: British rule came to an end by this Act. depressed classes and Women. (Provision of Separate India became Independent on 15th August 1947. electorate extended).    4 Udaan 3.0 Polity and Constitution P W  Making of the Indian 2 Constitution 2.1 WORKING OF THE CONSTITUENT Important Dates ASSEMBLY Dates Concerned Events 9 December, 1946 z First sitting of Constituent th z First meeting was held on Dec 9, 1946 (Muslim Assembly. League boycotted), attended by 211 members only. 11 December, 1946 z Dr. Rajendra Prasad was th z Dr. Sachidanand Sinha (oldest member), was elected elected as President of as temporary president of the assembly following the Constituent Assembly. French practice. 13th December, 1946 z Objective Resolution z President: Dr. Rajendra Prasad was elected as a was introduced by Jawahar President of C.A. Lal Nehru. z Vice-Presidents (Two): H.C. Mukherjee and V.T. 22 July, 1947 nd z The Constituent Assembly Krishnamachari. adopted the National Flag. 15th August, 1947 z Transfer of Power 2.2 IMPORTANT MILESTONES AND leading to the formation CONCEPTS RELATED TO of dominions of India and CONSTITUENT ASSEMBLY (C.A.) Pakistan (14th August, 1947). 26 November, 1949 z The Constitution was th Demand for Constituent Assembly: adopted/enacted. 1924 z Idea first given by Swaraj Party. 24th January, 1950 z Adoption of National Song and National Anthem. 1934 z M.N. Roy put forward the demand for C.A. 26 January, 1950 th z The Constitution came 1935 z INC officially demanded C.A. to frame into force making India the Indian Constitution. a Republic with Dr. z Jawaharlal Nehru, on behalf of the INC Rajendra Prasad as the 1938 declared that “the Constitution of free first President. India must be framed, without outside 25 October, 1951- th z First general elections interference, by a Constituent Assembly 21st February, 1952 were held. elected on the basis of adult franchise. 1940 z Demand accepted in principle in August Composition of the Constituent Assembly Offer. Constituted z On November 1946 under Cabinet 1942 z Cripps Proposal for Constitution was Mission Plan rejected. Strength z Total 389 = 296 (British India) 1946 + 93 (Princely States) + 4 (Chief z Cabinet Mission Plan (CMP) accepted by Commissioners’ provinces) all parties. z Lord Patrick Lawrence, Sir Stafford Composition z Representatives of all sections Cripps, A V Alexander were its members. of the Indian society – Hindus, Muslims, Sikhs, Parsis, Anglo- z CMP rejected the idea of two Constituent Indians, Indian Christians, SCs, Assemblies. STs including women of all these sections.  Seats z Divided among the three principal  After withdrawal of Muslim League members, communities – Muslims, Sikhs total strength came down to 299 as against 389 allocation and General (all except Muslims under the Cabinet Mission Plan. and Sikhs), in proportion to their population. 2.5 FUNCTIONS PERFORMED BY Voting z Proportional representation CONSTITUENT ASSEMBLY method by means of single transferable z Ratified India’s membership of Commonwealth in vote in case of provincial May, 1949. representation. z Adopted the National Flag on July 22, 1947. Members z Partly elected (In British z Adopted National Song & National Anthem on Jan Provinces) and Partly nominated 24, 1950. (by heads of Princely states) body. Members were to be indirectly z Elected Rajendra Prasad as first President of India elected by the members of the on Jan 24, 1950. provincial assemblies. z Final session: on Jan 24, 1950. However, it continued Note: as provisional Parliament of India from Jan 26, 1950 till formation of new Parliament (May, 1952). z Mahatma Gandhi was not part of C.A. z Total sessions : 11. z 93 seats allotted to the princely states were z Total time: 2 years, 11 months, 18 days. not filled as they decided to stay away from the Constituent Assembly. z Total expenditure incurred: 64 lakh. Major Committees 2.3 OBJECTIVE RESOLUTION Chairman Committees z Jawaharlal Nehru moved this historic resolution on Dec 13, 1946 in the Assembly. Jawaharlal z Union Powers Committee, Union Nehru Constitution Committee, States z It contained the fundamentals & philosophy of the Committee. Constitutional structure. Dr. Rajendra z Rules of Procedure Committee, z This resolution was adopted on Jan 22, 1947 by the Prasad Steering Committee. Assembly. z Present Preamble of constitution is a modified Sardar Patel z Provincial Constitution Committee, version of Objective Resolution. Advisory Committee on FRs, Minorities & Tribal & Excluded 2.4 CHANGES BY THE INDEPENDENCE Areas. Dr. B.R. Drafting Committee. ACT, 1947 z Ambedkar z Members of Princely states & Muslim League (from Indian Dominion) gradually began to join after 2.6 DRAFTING COMMITTEE acceptance of Mountbatten plan of June 3, 1947. (This plan provided for Partition). z Of all the Committees of C.A. The Drafting Committee z Indian Independence Act, 1947 made three was most important set up on Aug 29, 1947. It changes in C.A: consisted of 7 members:  Dr. B.R. Ambedkar (Chairman)  The Assembly was made a fully sovereign body,  N. Gopalaswamy Ayyangar free to abrogate or alter any law.  Alladi Krishnaswamy Ayyar  Two separate functions were assigned to  Dr. K.M. Munshi the Assembly (performed on separate days) - legislative body (Chaired by G V Mavalankar)  Syed Mohammad Saadullah and Constituent body (chaired by Dr. Rajendra  N. Madhava Rau (He replaced B.L. Mitter who Prasad); Assembly became the first Parliament resigned due to ill-health) of free India (Dominion Legislature); These two  T.T. Krishnamachari (He replaced D.P. Khaitan who functions continued till November 26, 1949. died in 1948). 6 Udaan 3.0 Polity and Constitution P W 2.7 ENACTMENT AND ENFORCEMENT OF THE CONSTITUTION Enactment Enforcement z It was adopted on 26 November 1949. z Some provisions of the Constitution came into force on Nov 26, z Out of a total 299 members of the Assembly, 1949 itself, viz. Citizenship, Elections, provisional Parliament, only 284 were actually present on that temporary and transitional provisions, and short titles contained day and signed the Constitution. in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, z At that time, it contained Preamble, 395 392 and 393. Articles, & 8 Schedules. z Major part came into force on Jan 26, 1950 z Preamble was enacted after the entire (commencement day – celebrated as Republic Day). Constitution was already enacted to align z Jan 26, 1930: Purna Swaraj Day was celebrated following the with the philosophy of the constitution. Lahore Session (Dec 1929) of the INC. z Indian Independence Act, 1947 & GoI Act, 1935 with all its enactments were repealed. However, The Abolition of Privy Council Jurisdiction Act (1949) continued. Additional Information z Expert Committee of the Congress  On July 8, 1946, the Congress Party (Indian National Congress) appointed an Experts Committee for the purpose of preparing material for the Constituent Assembly.  Members of the committee were: Jawaharlal Nehru (Chairman), M. Asaf Ali, K.M. Munshi, N. Gopalaswami Ayyangar, K.T. Shah, D.R. Gadgil, Humayun Kabir, K. Santhanam. 2.8 IMPORTANT FACTS ABOUT INDIAN z Prem Behari Raizada was the calligrapher of the CONSTITUTION Constitution. z Nand Lal Bose & B.R. Sinha decorated & beautified z Elephant adopted as Constituent Assembly (C.A)symbol. the Constitution. z Sir B.N. Rau was Constitutional Adviser to C.A. z H.V.R. Iyengar was Secretary to C.A. z Hindi version calligraphy done by Vasant Krishan z S.N. Mukherjee was chief draftsman of constitution Vaidya & illuminated by Nand Lal Bose. in C.A.    P Making of the Indian Constitution 7 W  PW UPSC WALLAH PROGRAMS PROGRAMMES AVAILABLE ON PW APP & WEB PLATFORMS COMPREHENSIVE FOUNDATION COURSE FOR UPSC CSE 2024 ENGLISH TITAN 2.0 START DATE: 20th FEB 2023 - SUBSCRIPTION END DATE: 31st DEC 2024 COMPREHENSIVE FOUNDATION COURSE FOR UPSC CSE 2024 HINDI & HINGLISH BATCHES SANKALP 2.0 START DATE: 06th FEB 2023 - SUBSCRIPTION END DATE: 31st DEC 2024 CONCISE COURSE FOR UPSC CSE PRELIMS 2023 HINGLISH PRELIMS FOCUS START DATE: 03rd JAN 2023 -SUBSCRIPTION END DATE: 31st DEC 2023 COMPREHENSIVE FOUNDATION COURSE FOR UPSC CSE 2024 ENGLISH TITAN 2024 START DATE: 01st DEC 2022 - SUBSCRIPTION END DATE: 31st DEC 2024 COMPREHENSIVE FOUNDATION COURSE FOR UPSC CSE 2024 HINDI & HINGLISH BATCHES SANKALP 2024 START DATE: 15th NOV 2022 - SUBSCRIPTION END DATE: 31st DEC 2024 FAST PACED GENERAL STUDIES FOUNDATION COURSE FOR UPSC CSE 2023 HINDI & HINGLISH BATCHES PRAHAR 2023 START DATE: 07th NOV 2022 - SUBSCRIPTION END DATE: 31st DEC 2023 PW ONLY IAS www.pw.live  ONLINE BATCH OFFERINGS Live Lectures Daily Class Notes & DPPs (Daily Practice Problems) Weekly Current Affairs Classes Regular Doubt Sessions Comprehensive Free CSAT CSAT Course Doubt Engine Facility Test Series (Prelims & Mains) Comprehensive Study Material Manthan: Monthly CA Magazine Previous Year Questions Analysis PW ONLY IAS www.pw.live  Salient Features of the 3 Constitution z The 42nd Constitutional Amendment (1976) is also E. Parliamentary form of Government known as the Mini Constitution. z The Indian Constitution has preferred the British z Kesavananda Bharati Case (1973): Supreme Court Parliamentary System (Westminster model) of ruled, constituent power of Parliament doesn’t allow government over the American Presidential System it to change the ‘basic structure’ of the constitution. of government, where Executives remain responsible z Minerva Mills Case (1980): SC held that “the Indian to the Parliament. Constitution is founded on the bedrock of the balance z The Constitution establishes the parliamentary between the Fundamental Rights and the DPSPs” – system at Centre and also in the States. Basic Structure. z Features: Presence of nominal and real executives; Rule of majority party; Leadership of the Prime 3.1 SIGNIFICANT FEATURES OF THE Minister or the Chief Minister; Membership of the CONSTITUTION ministers in the legislature; Dissolution of the lower house (Lok Sabha). A. Lengthiest Written Constitution z Originally (1949), the Constitution contained a F. Synthesis of Parliamentary Sovereignty Preamble, 395 Articles (divided into 22 Parts) and 8 and Judicial Supremacy Schedules. z Sovereignty of Parliament: associated with the z Factors underlying elephantine size: vastness of British Parliament. the country and its diversity, Historical factors, Single z Judicial supremacy: associated with the American Constitution for both Centre and states, Dominance of system. legal luminaries in C.A. z Presently, it consists of a Preamble, about 470 articles G. Integrated and Independent Judiciary and 12 schedules. z The Supreme Court stands at the top of the integrated B. Drawn from Various Sources judicial system in the country followed by High courts z The Constitution of India has borrowed most of its in states and subordinate courts and other lower provisions from the Constitutions of various other courts. countries as well as from the Government of India z Supreme Court: highest court of appeal; guarantor Act of 1935. of the fundamental rights of the citizens; guardian of the constitution. C. Federal System with Unitary Bias z India: single system of courts enforces both the z Term Federation has nowhere been used in the central laws as well as the state laws. Provides for Constitution. ‘procedure established by law’ (Article 21). z Article 1: describes India as a Union of States. z USA: federal laws are enforced by the federal judiciary z Federal Feature: Two governments, division and the state laws are enforced by the state judiciary. of powers, written Constitution, bicameralism, Provides for ‘due process of law’. supremacy of Constitution etc. H. Fundamental Rights z Unitary/Non-federal features: Strong center, single constitution, single citizenship, integrated judiciary, z Meant for promoting the ideals of political all- India services, emergency provisions, etc. democracy. z Part III of the constitution guarantees six Fundamental D. Rigidity and Flexibility Rights to all the citizens: z The Indian Constitution is neither rigid (like USA) nor  Right to equality (Article 14-18) flexible (like Britain), but a blend of both.  Right to freedom (Article 19-22)   Right against exploitation (Article 23-24) z Articles promoting secularism: Preamble, Article  Right to Freedom of Religion (Article 25-28) 14, 15, 16, 25-30, 44. Cultural and Educational Rights (Article 29-30)  L. Universal Adult Franchise  Right to Constitutional Remedies (Article 32) z The voting age was reduced to 18 years from 21 Additional Information years in 1989 by 61st CAA, 1988. z Under Article 32, if a fundamental right of any z Universal adult franchise: basis of elections to the Indian citizen is violated, then the aggrieved person Lok Sabha and the state legislative assemblies. can directly go to the Supreme Court which can issue the writs of Habeas corpus, Mandamus, Prohibition, M. Single Citizenship Certiorari, Quo Warranto for the restoration of his/ z India: Enjoy the same political and civil rights of her rights. citizenship all over the country. z Exception: They can also be suspended during the z USA: each person is not only a citizen of the USA, operation of a National Emergency except the rights but also a citizen of the particular state to which he guaranteed by Art 20 and 21. belongs. I. Directive Principles of State Policy N. Independent Bodies z Part IV of the constitution. z Bulwarks of the democratic system: Election z To promote the ideals of social and economic Commission, Comptroller and Auditor General, Union democracy. Public Service Commission, State Public Service z Non- justiciable in nature, i.e. they are non- Commission. enforceable by the courts for their violation. z Classified into three: Socialistic, Gandhian and O. Emergency Provisions liberal- intellectual. z Rationality behind provisions: to safeguard the z Aim: to establish a ‘welfare state’ in India. sovereignty, unity, integrity and security of the country, z Significance: fundamental in the governance of the the democratic political system and the Constitution. country and it shall be the duty of the state to apply z National Emergency (Art. 352). these principles in making laws. z State Emergency or President’s Rule (Art. 356 and Art. 365). J. Fundamental Duties z Financial Emergency (Art. 360). z Added to the Constitution (by 42nd Amendment z Unique feature: During an emergency, federal Act) only after the recommendations of Swaran Singh structure converts into unitary one without a formal Committee. amendment of the Constitution. z Part IV-A of the Constitution (only one Art.51-A) specifies the 11 Fundamental Duties. P. Three-tier Government z The 86th CAA, 2002 added one more duty. z 73rd CAA, 1992: Constitutional recognition to z Non-justiciable in nature. Panchayats (Part IX,Schedule 11). K. Secular State z 74th CAA, 1992:Constitutional recognition to Municipalities(Part IX-A,Schedule 12). z Term secular was added to the Preamble by the 42nd CAA, 1976. z Art. 40: Organisation of village panchayats (Gandhian principle). z Does not uphold any particular religion as the official religion of the Indian State. Q. Cooperative Societies Additional Information z 97th CAA, 2011: Constitutional status and protection z Western concept of secularism: complete to co-operative societies. separation between the religion (the church) and z Right to form co-operative societies as a FR (Art. 19); the state (the politics). z Added a new DPSP on promotion of co-operative z Indian concept of secularism: embodies the societies (Art. 43B); positive concept of Secularism, i.e. giving equal z Added a new part IX-B entitled as “Co-operative respect to all religions or protecting all religions Societies” (Art. 243-ZH to 243-ZT). equally. P Salient Features of the Constitution 9 W 3.2 SOURCES OF THE CONSTITUTION Sources Features borrowed Govt. of India Act,1935 z Federal scheme, Governor’s office, Judiciary, Public Service Commission, Emergency Provisions and administrative details. British Constitution z Parliamentary govt., Rule of Law, Single Citizenship, Cabinet System, Parliamentary privileges, Bicameralism, prerogative writs. US Constitution z Fundamental Rights, Independent Judiciary, Impeachment of President, Judicial review, Removal of supreme court and high court judges and post of vice-president. Irish Constitution z DPSP, method of election of president and nomination of members to Rajya Sabha. Canadian Constitution z Federation with a strong center, vesting Residuary powers to center, appointment of state governors by the center and advisory jurisdiction of the Supreme Court. Australian Constitution z Concurrent List, Joint sitting of both the Houses of Parliament. Weimar Constitution z Suspension of Fundamental Rights during Emergency. of Germany USSR Constitution z Fundamental Duties and the ideal of justice (social, economic and political) in the Preamble. French Constitution z Republic and the ideals of liberty, equality and fraternity in the Preamble. South African z Procedure for amendment of the Constitution and election of members of Rajya Sabha. Constitution Japanese Constitution z Procedure established by Law. Additional Information Part of Constitution Derived From Structural part of the Constitution z Government of India Act, 1935. Philosophical part of the Constitution (FR and DPSPs) z American and Irish Constitution respectively. Political part of the constitution z British Constitution. 3.3 NATIONAL SYMBOLS z National Flag  On August 7, l906 at Parsi Bagan Square, Calcutta the first national flag of India was hoisted by Surendranath Banerjee.  Madam Bhikaji Cama on 22nd August, 1907 hoisted the flag at Stuttgart, Germany.  The National Flag of India (designed by Pingali Venkayya in 1916) was adopted by the Constituent Assembly on July 22, 1947. It is a horizontal tricolor of deep saffron (kesari) at the top, white in the middle and dark green at the bottom in equal proportion. In the center of the white band is a navy blue wheel representing the Chakra, a symbol of progress and of movement. Ratio of the width of the flag to its length is 2:3. z National Emblem  The National Emblem is adopted from the Sarnath Lion. It was adopted by the Government of India on 26 January, 1950. The words Satyameva Jayate from Mundaka Upanishad, meaning Truth Alone Triumphs, are inscribed below the abacus in Devanagari script.  In the original, there are four lions, standing back to back, mounted on an abacus carrying sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening wheels over a bell- shaped lotus. z National Anthem  Jana-gana-mana, composed originally in Bengali by Rabindra Nath Tagore, was adopted in its Hindi version by the Constituent Assembly as the National Anthem of India on 24 January 1950..  It was first sung on 27 December, 1911 at the Calcutta Session of the Indian National Congress. 10 Udaan 3.0 Polity and Constitution P W z National Song  The song Vande Mataram, was composed in Sanskrit by Bankimchandra Chattopadhyay, taken from Anandamath. It was first sung in a political context by Rabindranath Tagore at the 1896 session of the Indian National Congress.  It was adopted by the Constituent Assembly on 24 January, 1950. z National Flower  Lotus, botanically known as the Nelumbo Nucifera Gaertn is the national flower of India. It symbolizes divinity, fertility , wealth , knowledge and enlightenment. z National Tree  The Banyan tree is the National Tree of India. z National Animal  Panthera tigris, a striped animal, is the national animal of India. It has a thick yellow coat of fur with dark stripes.  Lion was the national animal of India till 1972. Later on, it was replaced by tiger. z National Fruit  Mango is the National Fruit of India. z National River:  Then P.M. Manmohan Singh declared Ganga as the National River of India on February 20, 2009. z National Calendar  The national calendar is based on the Saka Era, with Chaitra as its first month and a normal year of 365 days from 22 March 1957 along with the Gregorian calendar.  Chaitra falls on 22 March normally and on 21 March in leap year. The calendar was introduced by the Calendar Reform Committee in 1957. z National Bird  Peacock (Pavo cristatus), which is a symbol of grace, joy, beauty and love is the national bird of India.  In India the peacock is found in almost all parts and enjoys full protection under the Wildlife (Protection) Act, 1972. z National Aquatic Animal  To save dolphins from extinction, the Union government declared them as the national aquatic animal on October 5, 2009. z National Currency  The Indian Rupee sign is an allegory of Indian ethos. The symbol is an amalgam of Devanagari Ra and the Roman Capital R with two parallel horizontal stripes running at the top representing the national flag and also the equal sign.  The Indian Rupee sign was adopted by the Government of India on 15th July, 2010.    P Salient Features of the Constitution 11 W  4 Preamble of the Constitution Text of the Preamble z “We the people of India”: Emphasizes that the constitution is made by and for the Indian people. It “We, THE PEOPLE OF INDIA, having solemnly resolved emphasizes the “concept of popular sovereignty”. to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to 4.2 COMPONENTS OF PREAMBLE all its citizens: JUSTICE, Social, Economic and Political; Source of authority z Derives its authority from LIBERTY of thought, expression, belief, faith and of the Constitution people of India. worship; Nature of Indian z Sovereign, Socialist, Secular, EQUALITY of status and of opportunity; and to promote State Democratic, Republic. among them all; Objectives of the z Justice (Russian FRATERNITY assuring the dignity of the individual and Constitution Revolution), Liberty, the unity and integrity of the Nation; Equality, Fraternity IN OUR CONSTITUENT ASSEMBLY this twenty-sixth (all three from French day of November, 1949, do HEREBY ADOPT, ENACT revolution). AND GIVE TO OURSELVES THIS CONSTITUTION”. Date of adoption of z 26 November 1949. the Constitution 4.1 INTRODUCTION z The American Constitution was the first to begin 4.3 SIGNIFICANCE OF PREAMBLE with a Preamble. z Horoscope of the Indian democratic republic; z Objective Resolution: Preamble to the Indian z Philosophy of the Constitution; Constitution is based on the ‘Objective Resolution’, z Summary of the Indian Constitution; drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly. z Identity card of our Constitution (N. A Palkhivala); z Amended only once: 42nd Constitutional z Key to the mind of the Constitution makers; Amendment Act (1976) added three new words– z Beacon light for the judiciary to decide the “Socialist”, “Secular” and “Integrity”. constitutionality of law. z Embodies the basic philosophy and fundamental values: political, moral and religious on which the 4.4 KEYWORDS IN PREAMBLE constitution is based. A. Sovereign z Contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations z Complete independent State; Not a dominion of of the founding fathers of the Constitution. any other country; Sovereign in internal & external matters; As a sovereign country, India can acquire a z Neither a source of power to the legislature nor a foreign territory or cede a part in favor of any other prohibition on powers of legislature. country. z It is non-justiciable - non enforceable in courts of law. B. Socialist z Preamble was enacted by the Constituent Assembly z Added by 42nd amendment (1976); Socialist after the rest of the Constitution was already contents are implicit in DPSPs (Article: 36-51) but enacted to ensure its conformity with the Constitution. 42nd amendment mentioned it explicitly. z It contains the grand and noble vision of the Constituent z Indian Socialism (Marxism + Gandhism, heavily Assembly, and reflects the dreams and aspirations of leaning towards Gandhism). the founding fathers of the Constitution. z Democratic Socialism. F. Justice z Adopted Mixed Economic model (public & private z Taken from the Russian Revolution (1917). sector coexist side by side). z Embraces three types of justice: Social, Economic, C. Secular Political. z Distributive Justice = Social Justice + Economic z Added by 42nd amendment (1976); Part of basic Justice. structure doctrine. z Social: z Supreme Court (1974): Secular State was implicitly  Equal treatment of all citizens without any social mentioned in Art. 25-28. distinction based on caste, color, race, religion, sex z Positive Secularism in India: All religions have the etc. same status and support from the state.  Absence of privileges to any particular section. D. Democratic  Improvement in the conditions of backward z It implies the Doctrine of popular sovereignty or the classes & women. possession of supreme power by the people. z Economic: z Indian democracy: Representative Parliamentary  Non-discrimination between people based on democracy; Executive is responsible to the legislature. economic factors. z Embraces: Political, Social, and Economic  Elimination of inequalities in wealth, income & democracy. property. z Manifestation of Indian Democracy: Universal adult z Political: franchise, periodic elections, rule of law, independence  All citizens should have equal political rights, of judiciary and absence of discrimination on certain equal access to all political offices & equal voice grounds. in the government. Additional Information G. Liberty Instruments of Direct Democracy z French Revolution (1789): Ideals of liberty, equality, fraternity. Referendum z Procedure whereby a proposed legislation is referred to the z Absence of restraints on the activities of individuals. electorate for settlement by z Providing opportunities for the development of their direct votes. individual personalities. Initiative z Method by means of which the z Preamble secures: liberty of thought, expression, people can propose a bill to belief, faith & worship. the legislature for enactment. z Liberty does not mean the license to do what one Recall z Method by means of which likes. Need to be enjoyed within limitations mentioned the voters can remove a in the constitution. representative or an officer z Liberty is ensured in preamble & Fundamental Rights before the expiry of his term. is not absolute but qualified. Plebiscite z Method of obtaining the opinion Additional Information of people on any issue of public importance. It is generally used Positive and Negative aspect of Liberty to solve territorial disputes. Positive Liberty Negative Liberty E. Republic z Recognizes that one z It is concerned with z Two Categories: Monarchy (Britain) & Republic can be free only in the inviolable area of (USA/ India). society and not outside non-interference z Indian republic: Head of State (President) is indirectly it, therefore it is the and not with the elected. possibility of acting or conditions in society, z Republic means: Vesting political sovereignty in the fact of acting in such i.e. absence of people. Absence of any privileged class and all public a way as to take control obstacles, barriers offices open to all without any discrimination. of one’s life and realize or constraints. z Article 54 and 55: related to the election of the one’s fundamental President. purposes. P Preamble of the Constitution 13 W H. Equality J. Union of Trinity z Absence of special privileges to any section of society. z Union of Trinity = Liberty + Equality + Fraternity. z Adequate opportunities for all without discrimination. z All above three form a union of trinity. If any of these z Preamble secures: Equality of status and opportunity. is divorced from others it will defeat the purpose of democracy. z Civic Equality z Without equality, liberty would produce the supremacy  Art.14: Equality before law. of the few over many. Equality without liberty would  Art.15: Prohibition of discrimination on grounds kill individual initiative. of religion, race, caste, sex, place of birth. z Social Democracy: Liberty+Equality+Fraternity.  Art.16: Equality of opportunity in public employment. 4.5 AMENDABILITY OF PREAMBLE  Art.17: Abolition of untouchability. z Whether the preamble can be amended or not was  Art.18: Abolition of titles. dealt in Kesavananda Bharati Case (1973). z Political Equality z The Supreme Court reversed its verdict in Berubari  Art.325: No one is ineligible for inclusion in the Union Case (1960) and held that Preamble is an electoral rolls on the grounds of religion, race, integral part of the Constitution and it can be caste or sex. amended under Article- 368. However, such an  Art.326: Lok Sabha & state assembly elections amendment should not destroy the ‘Basic Structure’ based on adult franchise. of the Constitution. z Economic Equality Supreme Court cases and Preamble  Art.39: Equal right to adequate means of livelihood Case Opinion of the Supreme & equal pay for equal work to men and women. Court (SC) I. Fraternity Berubari Union Case z Preamble shows the z Sense of brotherhood. Single Citizenship promotes (1960) general purpose behind fraternity. several provisions of the z Article 51A: Fundamental duty of every citizen to constitution. promote harmony and spirit of common brotherhood z If terms used in articles transcending religious, linguistic, regional or are ambiguous, some sectional diversities. assistance of the preamble could be taken for z Fraternity: dignity of individual (personality of every interpretation. individual is sacred) and unity & integrity of India. z SC held that Preamble is not (Word “Integrity” is added through 42nd CAA). a part of the Constitution. z Dignity of individuals is ensured in Fundamental Rights, DPSPs, Fundamental Duties. Kesavananda z The Preamble is a part of Bharati Case (1973) the Constitu