Political Science Notes PDF

***NOTES*** ***Political science*** **COMPARATIVE GOVERNMENT AND POLITICS NOTES** **1. Meaning, Scope, Evolution, and Problems of Comparative Politics** **Meaning** - **Comparative Politics** studies and compares political systems, institutions, processes, and behavior across nations. -...

***NOTES*** ***Political science*** **COMPARATIVE GOVERNMENT AND POLITICS NOTES** **1. Meaning, Scope, Evolution, and Problems of Comparative Politics** **Meaning** - **Comparative Politics** studies and compares political systems, institutions, processes, and behavior across nations. - It emphasizes **understanding differences and similarities** between political entities. **Scope** - **Structures and Institutions**: Analyzing governments, parliaments, judiciaries, constitutions, and laws. - **Political Behavior**: Elections, public opinion, party politics, and decision-making processes. - **Processes of Change**: Political development, revolutions, and globalization. - **Policies and Governance**: Welfare programs, economic management, and public policy. **Evolution** - **Pre-World War II**: Focus on Western political systems (formal-legal studies). - **Post-1945**: Rise of comparative studies to understand non-Western political systems and new democracies. - **Post-Cold War**: Globalization and democratization expanded the field, with focus on governance and policy analysis. **Problems** - **Cultural Bias**: Western theories may not always apply to non-Western contexts. - **Generalization Issues**: Political systems differ too much to fit a single theory. - **Data Availability**: Reliable political data from certain countries is limited. **2. Approaches to Comparative Politics** **Traditional Approaches** 1. **The Historical Approach** - Focuses on how **historical events** shape political systems (e.g., revolutions, colonialism). - Studies how political institutions evolve over time. - Example: The **French Revolution** shaping modern democratic ideas. 2. **The Formal-Legal Approach** - Focuses on the **legal framework** of political institutions (constitutions, laws, treaties). - Analyzes the **powers, structure, and functions** of political entities. - Example: Study of the **US Constitution** and the role of the Supreme Court. **Modern Approaches** 1. **The System Analysis Approach** (David Easton) - Views political life as a **system of inputs (demands) and outputs (policies)**. - **Feedback loops**: Citizens react to policies, shaping future political decisions. - Example: Analyzing how public protests influence government policies. 2. **The Structural-Functional Approach** (Almond and Powell) - Focuses on the **functions performed by political institutions** to maintain stability. - **Structures (e.g., Parliament)** perform **functions (e.g., law-making)**. - Example: Comparing the **legislatures** of India and the UK based on their legislative and oversight functions. 3. **The Political System Approach** - Examines **political systems** as part of the broader social system. - Emphasizes **interdependence** between institutions, such as the government, economy, and civil society. - Example: The interaction of political parties and the economy in the US. **3. Classification of Political Systems** **1. Democratic vs. Authoritarian Systems** - **Democratic System**: - Government by the people, through free elections and participation. - Example: **India, USA**. - Features: Political freedoms, rule of law, accountability. - **Authoritarian System**: - Concentration of power in a leader or a small group, with limited public participation. - Example: **North Korea, China**. - Features: Censorship, limited opposition, no competitive elections. **2. Federal vs. Unitary Systems** - **Federal System**: - Division of power between the central and state governments. - Example: **USA, India**. - Features: Autonomous states, dual government structure. - **Unitary System**: - Centralized power, with authority resting in the national government. - Example: **France, UK**. - Features: Uniform policies, limited regional autonomy. **3. Capitalist vs. Socialist Systems** - **Capitalist System**: - Market-driven economy with private ownership. - Example: **USA, Japan**. - Focus: Profit maximization, individual entrepreneurship. - **Socialist System**: - State ownership of resources with focus on **equity** and **social welfare**. - Example: **China, Cuba**. - Focus: Redistribution of wealth, welfare policies. **4. Socio-Economic Dimensions of the UK and the USA** - **UK**: - **Economy**: Mixed economy; significant contributions from finance, services, and manufacturing. - **Welfare State**: Strong public healthcare and social welfare programs. - **Politics**: Parliamentary democracy with strong traditions. - **USA**: - **Economy**: Market-driven, technology-driven economy with high consumerism. - **Social Issues**: High income inequality and racial divides. - **Politics**: Presidential democracy with strong federalism. **5. The British Political Tradition** **Sources and Features of the British Constitution** - **Sources**: Statutes, conventions, judicial decisions, and royal prerogatives. - **Features**: - Unwritten constitution. - Parliamentary sovereignty. - Rule of law. **Conventions of the Constitution** - Non-legal but binding practices that guide political behavior. - Example: The **Prime Minister** must be from the majority party. **Role and Functions of Institutions** - **Monarch**: Ceremonial role, symbol of unity. - **Cabinet**: Executive authority drawn from Parliament. - **Parliament**: Bicameral (House of Commons and House of Lords). - **Judiciary**: Independent, ensures the rule of law. **6. The American Political Tradition** **The US President** - **Election**: Indirect election via the Electoral College. - **Powers**: Commander-in-Chief, veto power, appointing judges. - **Role**: Head of state and government, chief diplomat. **The US Congress** - **Composition**: House of Representatives (based on population) and Senate (two members per state). - **Powers**: Law-making, budget control, impeachment. - **Committee System**: Facilitates detailed legislative work. - **President-Congress Relationship**: Checks and balances system. **Judiciary and Judicial Review** - **Supreme Court**: Reviews laws and policies for constitutionality. - **Judicial Review**: Power to declare laws unconstitutional. **American Federalism** - **Definition**: Division of powers between federal and state governments. - **Features**: Dual citizenship, independent state laws. - **Implications**: States have significant autonomy but must follow federal law. **7. Party Systems in the UK and the USA -- A Comparative Study** - **UK**: - **Multi-Party System**: Dominated by **Labour** and **Conservative** parties. - **Elections**: Parliamentary system; Prime Minister comes from the majority party. - **USA**: - **Two-Party System**: Dominated by **Democrats** and **Republicans**. - **Elections**: Presidential system; power divided between federal and state levels. **[ECONOMICS]** **Introduction to Economics: Comprehensive Notes** **1. Introduction to Economics: Definition, Nature, Scope, and Subject Matter** **Definition of Economics** - **Classical Definition (Adam Smith)**: Economics is the study of wealth---how wealth is produced, distributed, and consumed. - **Modern Definition (Lionel Robbins)**: Economics is the study of human behavior as a relationship between **ends (needs)** and **scarce means** which have alternative uses. - **Keynesian Definition**: Economics is concerned with **employment, income, and production** at both micro and macro levels. **Nature of Economics** - **Positive Science**: Explains economic phenomena as they are (e.g., \"India's inflation rate is 6%\"). - **Normative Science**: Involves value judgments and policy recommendations (e.g., \"India should aim to reduce inflation\"). **Scope of Economics** 1. **Microeconomics**: Study of individual units like households, firms, and industries. 2. **Macroeconomics**: Study of the economy as a whole (e.g., national income, inflation, and employment). 3. **Development Economics**: Focuses on improving living conditions and reducing poverty in developing countries. 4. **Environmental Economics**: Studies the impact of economic activities on the environment. **Subject Matter of Economics** - **Consumption**: How individuals and households make decisions about what to buy. - **Production**: Study of how goods and services are created using resources. - **Distribution**: Allocation of income among labor, capital, and land. - **Exchange**: How goods are traded in markets. **2. Microeconomics and Consumer\'s Equilibrium** **Meaning of Microeconomics** - Microeconomics deals with **individual economic units** and their decision-making processes (e.g., a firm's production decision or a consumer's spending decision). **Basic Demand and Supply Analysis** 1. **Law of Demand**: - When **price** decreases, **quantity demanded** increases, and vice versa (ceteris paribus). - **Demand curve** slopes downward. 2. **Law of Supply**: - When **price** increases, **quantity supplied** increases, and vice versa. - **Supply curve** slopes upward. 3. **Equilibrium Price and Quantity**: - **Equilibrium** occurs when demand equals supply. - Graphically, it is the point where the **demand and supply curves intersect**. **3. Indifference Curve Approach and Consumer\'s Equilibrium** **Concept of Indifference Curves** - Represents all combinations of two goods that provide the **same level of satisfaction** to a consumer. **Properties of Indifference Curves** 1. **Downward Sloping**: If one good's consumption increases, the other must decrease. 2. **Convex to Origin**: Due to diminishing marginal rate of substitution (MRS). 3. **Indifference Curves Cannot Intersect**: Two curves represent different levels of satisfaction. **Budget Line** - Represents all combinations of goods that a consumer can buy with a given income and prices. - **Consumer\'s Equilibrium** occurs where the **indifference curve** is tangent to the **budget line**. **4. Theory of Production: Law of Variable Proportions and Returns to Scale** 1. **Law of Variable Proportions** (Short Run): - When one input (e.g., labor) is increased while keeping others constant, **marginal output** initially increases but eventually decreases. 2. **Laws of Returns to Scale** (Long Run): - **Increasing Returns to Scale**: Output increases more than proportionally to inputs. - **Constant Returns to Scale**: Output increases proportionally. - **Decreasing Returns to Scale**: Output increases less than proportionally. **5. Concepts of Costs and Revenue** 1. **Short Run Cost Curves**: - **Fixed Costs**: Do not change with output (e.g., rent). - **Variable Costs**: Change with output (e.g., raw materials). - **Marginal Cost**: Change in cost for one additional unit of output. 2. **Revenue Concepts**: - **Total Revenue (TR)**: Price × Quantity Sold. - **Average Revenue (AR)**: TR ÷ Quantity. - **Marginal Revenue (MR)**: Change in TR from selling one more unit. **6. Theory of Markets: Perfect Competition and Monopoly** 1. **Perfect Competition**: - Large number of firms, identical products, no entry barriers. - **Equilibrium**: Firms earn normal profits in the long run. 2. **Monopoly**: - Single seller with high market power. - Firm sets **price above marginal cost**, leading to **higher profits** but **lower consumer welfare**. **7. Basic Introduction to Macroeconomics and Circular Flow of Income** - **Macroeconomics**: Study of the economy as a whole, including national income, inflation, and employment. - **Circular Flow of Income**: - **Two-Sector Model**: Households provide factors of production to firms and receive wages. - **Three-Sector Model**: Adds government. - **Four-Sector Model**: Includes foreign trade. **8. National Output and Income: Concepts, Measurement, and Limitations** 1. **Concepts**: - **GDP**: Total value of goods and services produced within a country. - **GNP**: GDP + Net income from abroad. - **NNP**: GNP -- Depreciation. 2. **Measurement**: - **Output Method**: Sum of all final goods/services. - **Income Method**: Sum of all factor incomes. - **Expenditure Method**: Sum of all expenditures (C + I + G + (X - M)). 3. **Limitations**: - Ignores **informal economy**. - Fails to measure **non-economic factors** (e.g., happiness). **9. Theories of Income, Output, and Employment Determination** 1. **Classical Theory and Say\'s Law** - **Say\'s Law**: \"Supply creates its own demand.\" - Assumes full employment, with wages and prices adjusting to maintain equilibrium. 2. **Keynesian Theory** - **Demand determines output** and employment. - Advocates **government intervention** to boost demand during recessions. **10. Money: Definition, Types, and Functions** 1. **Definition**: - Money is a **medium of exchange** that facilitates transactions. 2. **Types of Money**: - **Fiat Money**: Currency issued by government. - **Commodity Money**: Has intrinsic value (e.g., gold). 3. **Functions**: - Medium of exchange, store of value, unit of account, standard of deferred payment. **11. Inflation: Causes and Effects** 1. **Causes**: - **Demand-Pull Inflation**: Increase in demand exceeds supply. - **Cost-Push Inflation**: Increase in production costs (e.g., wages, raw materials). 2. **Effects**: - Erodes purchasing power. - Benefits debtors but harms creditors. **12. Central and Commercial Banks: Functions and Credit Creation** 1. **Central Bank (e.g., RBI)** - **Functions**: - Issue currency. - Control inflation through **monetary policy**. - Regulate the banking sector. 2. **Commercial Banks** - **Functions**: - Accept deposits and provide loans. - Facilitate payments and transfers. 3. **Credit Creation**: - Banks lend a portion of deposits, leading to **money multiplication**. **Economics II: Detailed and Structured Notes** **1. Nature of the Indian Economy: Underdeveloped or Developing?** - **Underdeveloped Economy**: - Low per capita income, high poverty levels. - Dependence on **agriculture** with low productivity. - Poor infrastructure and underutilized resources. - **Developing Economy**: - Moving towards **industrialization** and modernization. - Focus on improving infrastructure, education, and healthcare. - Rapid urbanization, technological progress, and service sector growth. India shows characteristics of both, transitioning from an **agrarian, underdeveloped economy to a developing nation** with expanding industries and services. **2. Economic Planning: Objectives and Strategy in India** **Objectives of Economic Planning** 1. **Economic Growth**: Achieving high GDP growth. 2. **Self-Reliance**: Reducing dependency on foreign aid. 3. **Employment Generation**: Reducing unemployment. 4. **Reduction in Poverty**: Improving living standards. 5. **Social Justice**: Ensuring equal distribution of wealth. 6. **Modernization**: Shifting from agriculture to industry and services. **Strategy of Economic Planning** - **Mixed Economy Model**: Combination of **public and private sectors**. - **Five-Year Plans**: Focused development through specific goals and investments. - **Heavy Industries & Agriculture**: Balanced investment in **agriculture** and large-scale industries. **3. Sectoral Growth of the Indian Economy (1950--1990)** **Agriculture** - Dominant sector initially, but **low productivity** due to traditional methods. - **Land reforms** were introduced, but implementation was weak. - **Green Revolution** in the 1960s: Use of modern inputs (HYV seeds, fertilizers) boosted output. **Industry** - **Heavy industries** promoted under the **Industrial Policy of 1956**. - Growth was **state-led**, with a focus on large industries (steel, coal). - Limited growth in the private sector due to **license raj** and restrictive policies. **Service Sector** - Limited contribution until 1990; focused primarily on basic services like education and health. **4. Indian Economy in 1990-91 and the Crisis** - **High fiscal deficit** and external debt. - **Balance of Payments Crisis**: Foreign exchange reserves fell dangerously low. - **Inflation** increased sharply. - **Political Instability** added to economic challenges. **5. Introduction of Economic Reforms in 1991** **Macro-Economic Stabilization Program** - **Fiscal discipline** to control the budget deficit. - **Exchange rate devaluation** to improve exports. - Control inflation through **monetary policy**. **Structural Adjustment Program** - **Liberalization**: Reduction in government control over businesses. - **Privatization**: Sale of public enterprises to private entities. - **Globalization**: Integration with the global economy through trade reforms. **6. Sectoral Growth of the Indian Economy Since 1991** **Agriculture** - Post-reform, agriculture showed **sluggish growth** due to inadequate investment. - Issues: **Farmer indebtedness** and low income growth. - **Land reforms**: Limited success; marginal farmers still suffer. **Industry** - Growth improved post-reforms with **liberalization of industries**. - Problems: - **Infrastructure bottlenecks** and environmental concerns. - Dependence on imports for critical inputs. **Service Sector** - **Service-led growth** became the backbone of the economy, contributing more than 50% to GDP. - Sectors like **IT, telecom, finance, and hospitality** expanded rapidly. - **Sustainability**: Questions raised about over-reliance on services without corresponding growth in manufacturing. **7. Theory of International Trade: Classical and Heckscher-Ohlin Models** **Classical Theory of Trade (Adam Smith & David Ricardo)** - **Absolute and Comparative Advantage**: Countries should specialize in producing goods in which they are more efficient. - **Free Trade**: Promotes efficiency and benefits all nations involved. **Heckscher-Ohlin Model** - Trade patterns depend on **factor endowments** (capital, labor). - Countries export products that use their abundant resources. - Example: **Labor-rich India** exports services and labor-intensive goods. **8. Commercial Policy: Free Trade vs. Protectionism** - **Free Trade**: Promotes international competition and efficiency. - Example: WTO promotes open markets. - **Protectionism**: Restricts imports to protect **domestic industries** from foreign competition. - Example: Tariffs, import quotas. - **Less Developed Countries (LDCs)** often adopt protectionist policies to promote local industries. **9. Balance of Payments (BoP) and Its Disequilibrium** **Components of BoP** 1. **Current Account**: Trade in goods and services. 2. **Capital Account**: Investments and loans. 3. **Foreign Exchange Reserves**: Changes in currency reserves. **Causes of Disequilibrium** - Trade deficits. - External debt repayments. - Global economic slowdown. **Corrective Measures** - **Devaluation** of currency to promote exports. - **Import substitution** policies. - **Austerity measures** to reduce fiscal deficit. **10. Exchange Rates: Fixed vs. Flexible Exchange Rate Systems** - **Fixed Exchange Rate**: Currency value is pegged to another currency or a basket of currencies. - Example: Bretton Woods system before 1971. - **Flexible Exchange Rate**: Market determines the value of the currency based on demand and supply. - Example: Indian rupee post-1991 reforms. **11. GATT and the Establishment of WTO** **GATT (General Agreement on Tariffs and Trade)** - Established in 1948 to promote free trade by reducing tariffs and trade barriers. **WTO (World Trade Organization)** - **Founded in 1995** to replace GATT. - **Mandate**: Oversee trade agreements and resolve disputes. - **Impact on Developing Countries (like India)**: - Positive: Open markets for Indian exports. - Negative: Challenges for local industries due to foreign competition. **12. International Monetary Fund (IMF)** **Objectives** - Promote **global financial stability**. - Facilitate **international trade**. - Provide **short-term loans** to countries facing balance of payments problems. **Working** - Funded by contributions from member countries. - Provides financial assistance with policy reforms to ensure economic recovery. **Achievements** - Helped countries recover from financial crises (e.g., Greece, Argentina). **Special Drawing Rights (SDRs)** - International reserve asset created by the IMF to supplement countries\' foreign exchange reserves. **13. The World Bank: Objectives, Working, and Achievements** **Objectives** - Provide **long-term loans** for development projects. - Focus on **poverty reduction** and **infrastructure development**. **Working** - Works with national governments to fund projects in **education, health, infrastructure, and agriculture**. **Achievements** - Significant role in rebuilding war-torn economies and improving infrastructure in developing nations. - Example: **Rural development projects** in India. **Comprehensive and Detailed Notes on Gender Studies Topics** **Conceptual Understanding of Gender Construction** **1. Sex vs. Gender** - **Sex**: Biological differences between male and female (e.g., anatomy, chromosomes). - **Gender**: Socially constructed roles, behaviors, and expectations assigned to individuals based on their sex. - **Key Distinction**: While **sex** is biological, **gender** is influenced by **social, cultural, and psychological factors**. **2. Masculinity and Femininity** - **Masculinity**: Traits, behaviors, and roles traditionally associated with being male (e.g., strength, assertiveness). - **Femininity**: Traits, behaviors, and roles traditionally associated with being female (e.g., nurturing, empathy). - These notions are **fluid** and vary across cultures and time. **3. Patriarchy** - A system where **men hold primary power** in roles of political leadership, moral authority, and social privilege. - It reinforces **gender inequality**, limiting opportunities and power for women. **4. Gender Inequality** - Unequal access to **resources, rights, and opportunities** between men and women. - Manifested in **wage gaps, limited political representation**, and **violence against women**. **5. Gender Roles** - Culturally specific expectations about the behaviors and activities deemed appropriate for men and women (e.g., men as breadwinners, women as caregivers). - These roles are **socially constructed and can change over time**. **6. Gender Mainstreaming** - The process of integrating **gender perspectives** into policies, programs, and institutions to promote equality. - Aims to ensure that **both men and women** benefit equally from development efforts. **7. Gender Analysis and Gender Auditing** - **Gender Analysis**: Examines the differences in the conditions, needs, and opportunities of men and women. - **Gender Auditing**: Evaluates the extent to which **gender equality principles** are integrated into institutions and policies. **8. Role of Family and Culture in Reproducing Gender** - Families and cultural norms **reinforce gender roles** through upbringing, education, and traditions. - Practices like **patrilineal inheritance**, **dowry**, and **segregation of domestic roles** perpetuate these norms. **Theoretical Perspectives on Gender: Feminism** **1. Feminism: Meaning** - Feminism is a **social, political, and ideological movement** advocating for **equality between men and women** in all spheres of life. **2. History of Feminism: Growth and Development** - **First Wave (19th - early 20th Century)**: Focused on **legal rights**, particularly **suffrage**. - **Second Wave (1960s - 1980s)**: Focused on **social equality**, workplace rights, and reproductive rights. - **Third Wave (1990s - Present)**: Emphasized **intersectionality**, addressing diverse experiences of women. - **Fourth Wave**: Focuses on issues like **online harassment** and gender identity. **3. Perspectives on Feminism** - **Liberal Feminism**: Advocates for **legal reforms** to ensure equality (e.g., equal pay, voting rights). - **Radical Feminism**: Views patriarchy as a **system of oppression** and seeks to eliminate male dominance. - **Marxist Feminism**: Links **women's oppression** to capitalism and advocates for economic equality. - **Socialist Feminism**: Combines ideas from **Marxism and radical feminism** to address both economic and patriarchal oppression. - **Postmodern Feminism**: Challenges **fixed categories** of gender and emphasizes fluid identities. **Perspectives on Gender and Development** - **Welfare Approach**: Focuses on providing **relief and services** to women (e.g., healthcare, education). - **Developmental Approach**: Aims to **integrate women into economic development** processes. - **Empowerment Approach**: Encourages women's **participation in decision-making** to enhance their power and autonomy. **Contemporary Issues in Gender Studies** **1. Gender and Electronic Media** - Media plays a significant role in shaping and reinforcing **gender stereotypes** through advertisements, movies, and TV shows. - Women are often portrayed in **submissive roles**, while men are shown as **dominant**. **2. Cyber Society and Crimes Against Women** - **Online harassment, cyberbullying, and stalking** are significant challenges faced by women. - **Revenge porn and blackmail** are growing concerns in the digital space. **3. Domestic Violence and the Protection of Women from Domestic Violence Act, 2005** - **Domestic Violence**: Physical, emotional, or economic abuse within the household. - **PWDVA 2005**: Provides civil remedies like **protection orders, residence orders**, and **monetary relief** for survivors of domestic violence. **4. Sexual Harassment and the Prevention, Prohibition, and Redressal of Sexual Harassment at the Workplace Act, 2013** - This act mandates the creation of **Internal Complaints Committees (ICC)** to address sexual harassment complaints in workplaces. - It ensures **safe working environments** for women. **5. Women Trafficking and Acid Attacks** - **Women Trafficking**: The illegal trade of women for **forced labor or sexual exploitation**. - **Acid Attacks**: A form of **gendered violence** aimed at disfiguring women as punishment or control. **Legislation Related to Women's Rights** **1. United Nations Universal Declaration of Human Rights (UDHR), 1948** - Recognizes **equal rights** for all humans, irrespective of gender, ensuring freedom and dignity. **2. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979** - Often referred to as the **International Bill of Rights for Women**, it addresses issues like political participation, education, and healthcare for women. **3. Vienna Declaration and Programme of Action, 1993** - Stressed the need for **equal protection of human rights** for women and addressed violence against women as a violation of human rights. **4. Beijing Declaration and Platform for Action, 1995** - Set forth **strategic objectives** to achieve gender equality in areas like **education, health, and decision-making**. **5. Rights Guaranteed Under the Constitution of India to Women** - **Article 14**: Right to **equality** before the law. - **Article 15(3)**: Allows the state to make **special provisions** for women and children. - **Article 16**: Equal opportunity in matters of public employment. - **Article 21**: Right to **life and personal liberty** (includes protection from domestic violence). **6. Role of the National Commission for Women (NCW)** - Established to **safeguard and promote women's rights** in India. - Functions include **advising the government on women-related policies, addressing grievances**, and **monitoring laws related to women's welfare**. **Comprehensive Notes on India under the East India Company and British Crown** **India under the East India Company (1600-1858)** The **East India Company (EIC)** was a British trading company that gradually expanded its influence in India from trade to governance. Through a series of laws and charters, it became a significant political power until 1858 when the British Crown took direct control. **Parliamentary Control over the East India Company** As the East India Company transitioned from a trade organization to a political power, **the British Parliament** implemented a series of regulatory acts to control its growing influence. Below is a **critical evaluation** of these acts: **1. The Regulating Act, 1773** - **Aim**: To address administrative abuses and financial mismanagement by the Company. - **Provisions**: - Governor of Bengal became the **Governor-General of Bengal**. - **Warren Hastings** was appointed as the first Governor-General. - A **Supreme Court of Judicature** was established in Calcutta. - Governors of Bombay and Madras were subordinated to the Governor-General of Bengal. - **Shortcomings**: - Ambiguous provisions on the **jurisdiction of the Supreme Court**. - Did not stop the corruption and mismanagement within the Company. **2. Pitt\'s India Act, 1784** - **Aim**: Strengthened **Parliament's control** over Company affairs. - **Provisions**: - Created a **Board of Control** (British government body) to supervise the Company's political activities. - **Court of Directors** retained control over trade. - Distinguished between **political and commercial functions** of the Company. - **Impact**: Improved governance but **conflict** between the Board of Control and the Court of Directors remained. **3. Charter Act of 1793** - **Extended** the Company\'s trading monopoly for 20 years. - Empowered the Governor-General to **overrule his Council**. - **Company employees** were forbidden from engaging in private trade. **4. Charter Act of 1813** - Ended the Company's **monopoly over trade** with India, except for tea and trade with China. - Allowed **Christian missionaries** to enter India for propagation of religion and education. - Marked the beginning of **British intervention in Indian society**. **5. Charter Act of 1833** - Made the **Governor-General of Bengal** the **Governor-General of India** (first: Lord William Bentinck). - Centralized legislative powers in the hands of the **Governor-General\'s Council**. - **Abolished slavery** in India. - Allowed Europeans to **own property and trade freely** in India. **6. Charter Act of 1853** - Introduced **competitive examinations** for recruitment to the Indian Civil Services (ICS). - Separated **executive and legislative functions** of the Governor-General's Council. - **Impact**: Last Charter Act before the transfer of power to the Crown. **7. The Government of India Act, 1858** - **Abolished the East India Company** and transferred powers to the **British Crown**. - A **Secretary of State for India** was appointed in London to oversee Indian administration. - Marked the beginning of **direct rule by the British Crown**. **India under the British Crown (1858-1947)** The British Crown governed India through a series of **laws and administrative reforms** aimed at consolidating power and addressing growing political unrest. Below is an evaluation of the major laws: **1. The Indian Councils Act, 1861** - Introduced **non-official Indian members** in the legislative councils (limited representation). - Gave **legislative powers** to the presidencies (Madras, Bombay, and Bengal). - **Significance**: Laid the foundation for future legislative reforms but offered minimal representation. **2. The Indian Councils Act, 1892** - Increased the number of **non-official members** in legislative councils. - Allowed members to discuss the **budget** and ask questions. - **Shortcomings**: Limited powers, as **elected representation was still absent**. **3. The Indian Councils Act, 1909 (Morley-Minto Reforms)** - Introduced **separate electorates** for Muslims. - Expanded legislative councils and allowed some **Indians to be elected**. - **Impact**: Strengthened **communal divisions** by encouraging separate electorates. **4. The Government of India Act, 1919 (Montagu-Chelmsford Reforms)** - Introduced **dyarchy** (dual governance) at the provincial level. - **Reserved subjects**: Controlled by the Governor. - **Transferred subjects**: Handled by Indian ministers. - **Shortcomings**: Central government remained under British control, and dyarchy was ineffective. **5. The Government of India Act, 1935** - Proposed the establishment of an **All-India Federation** (though never implemented). - Introduced **provincial autonomy** with elected governments in provinces. - Established a **Federal Court** in India. - **Impact**: Marked the final stage before Indian independence but retained significant British control. **6. The Indian Independence Act, 1947** - Partitioned India into **India and Pakistan**. - Provided for **sovereignty and self-governance** to both nations. - **Significance**: Marked the end of **British rule in India**. **Judicial Reforms and Institutions under the British** **1. Judicial Reforms by British Administrators** - **Warren Hastings (1772)**: - Introduced **Adalat system**: Civil and criminal courts at district levels. - Encouraged **Hindu and Muslim laws** to govern personal matters. - **Lord Cornwallis (1793)**: - Introduced the **Cornwallis Code**: Separated **judiciary from the executive**. - Introduced **European judges** and established the principle of **rule of law**. - **John Shore (1793)**: - Continued Cornwallis's judicial reforms by expanding **district courts**. - **William Bentinck (1828-1835)**: - Abolished **Sati** and worked for **women's rights**. - Reformed the **police and judicial administration**. **2. Administration of Justice in Presidency Towns (1639-1726)** - Separate courts were established in **Madras, Bombay, and Calcutta**. - **Mayor's Courts** (1726): Established to resolve disputes between the Europeans and natives. **3. Establishment of Supreme Courts** - **Supreme Court of Calcutta (1774)**: Exercised both **original and appellate jurisdiction**. - **Madras and Bombay** also had their own Supreme Courts by 1800. **4. Judicial Institutions under the Crown** - **Indian High Courts Act, 1861**: Created **High Courts** in Calcutta, Madras, and Bombay. - **The Federal Court (1937)**: Acted as the apex court of appeal and resolved disputes between provinces. - **The Privy Council**: - The final court of appeal for Indian cases, located in London. - Lost relevance after the establishment of the **Supreme Court of India** post-independence. **The Legal Profession in India** **1. Legal Profession up to 1926** - Initially dominated by **British barristers**, with Indians allowed to practice law gradually. - Professional legal training and qualifications were introduced over time. **2. The Indian Bar Councils Act, 1926** - Established **Bar Councils** in India to regulate the legal profession. - Ensured that **Indian lawyers** had a formal organizational structure and professional oversight. **Comprehensive Notes on British Rule, Revolt of 1857, Indian Nationalism, and the Freedom Struggle** **Foundation of British Rule in Bengal** The **foundation of British rule in Bengal** was laid after the British East India Company's victory in the **Battle of Plassey (1757)** and **Battle of Buxar (1764)**. - **Battle of Plassey (1757)**: Sir **Robert Clive** defeated **Nawab Siraj-ud-Daula**, securing Bengal. - **Battle of Buxar (1764)**: Combined forces of **Shah Alam II**, **Mir Qasim**, and **Shuja-ud-Daula** were defeated, giving the Company control over Bengal, Bihar, and Orissa. **Dual System of Government (1765-1772)** Introduced by **Robert Clive**, the Dual System divided the powers of governance between the **British and local rulers**. - **Features**: - **Company controlled revenue collection** (Diwani). - **Nawabs were responsible for law and order** (Nizamat). - **Impact**: - Led to **administrative inefficiency** and **exploitation**. - The system collapsed in **1772** due to poor governance and famine. **Permanent Settlement of Bengal (1793)** Introduced by **Lord Cornwallis**, the **Permanent Settlement** aimed to fix land revenue by recognizing **zamindars** as landowners. - **Features**: - Zamindars paid **fixed revenue** to the government. - **Land ownership was hereditary and transferable**. - **Impact**: - **Exploitation** of peasants by zamindars. - Growth of **absentee landlords** and **agricultural stagnation**. **Police and Prison Administration** - **Police reforms** by Lord Cornwallis (1793) established the **modern policing system** in India, with **district magistrates and police stations** (thanas). - **Prison administration** was reformed under **Lord Macaulay** in the 1830s with focus on **centralized jails** and penal codes. **Administration of Criminal Justice** - Criminal justice evolved from **arbitrary decisions** to a **formal system**, culminating in the **Indian Penal Code (1860)**. - **Cornwallis's reforms** ensured **separation of judiciary from the executive** to improve justice delivery. **Subsidiary Alliance System** Introduced by **Lord Wellesley** to extend British influence through **military alliances**. - **Features**: - Indian rulers accepted British **protection** and allowed **British troops** within their territory. - In return, rulers paid **subsidies** or ceded territory. - **Impact**: - Led to **loss of sovereignty** for Indian states. - Important states under the alliance: Hyderabad, Mysore, Awadh, and Gwalior. **Dalhousie's Policy of Annexation and its Implications** - **Lord Dalhousie (1848-1856)** annexed territories through the **Doctrine of Lapse**, where states without a direct male heir were annexed. - **Impact**: - Annexation of **Satara, Jhansi, Nagpur**, and others led to **resentment among rulers and people**. - This policy became one of the causes of the **Revolt of 1857**. **The Revolt of 1857: Causes, Nature, and Results** - **Causes**: - **Political**: Annexations through the Doctrine of Lapse. - **Economic**: Exploitation of peasants and artisans. - **Religious**: Discontent over **greased cartridges** (alleged use of cow and pig fat). - **Social**: Alienation of **Indian aristocracy** and peasants. - **Nature**: - **First war of independence** (according to some historians) or a **mutiny** (according to British historians). - Began in **Meerut** and spread across **Delhi, Kanpur, Lucknow, and Jhansi**. - **Results**: - Ended the **rule of the East India Company**. - India came under **direct Crown control** through the **Government of India Act, 1858**. - Marked the beginning of **organized nationalism**. **Peasant and Tribal Movements** 1. **Phadke Movement (1879)**: Led by **Vasudev Balwant Phadke** in Maharashtra against British exploitation. 2. **Moplah Rebellion (1921)**: A peasant uprising in **Kerala**, driven by **agrarian distress** and religious tensions. 3. **Deccan Riots (1875)**: Peasant protests in Maharashtra against **excessive taxation and indebtedness** to moneylenders. 4. **Pabna Rebellion (1873)**: Peasants in Bengal revolted against **high rents** imposed by zamindars. **Rise of Indian Nationalism: Contributing Factors** 1. **Impact of British Rule**: Exploitation and discrimination united Indians. 2. **Western Education**: Exposed Indians to ideas of **liberty, equality, and nationalism**. 3. **Economic Exploitation**: Peasants and workers faced **poverty**, driving discontent. 4. **Political Reforms and Organizations**: Formation of political organizations like the **Indian National Congress (INC)**. 5. **Socio-Religious Reform Movements**: Encouraged **self-respect and social unity**. **Socio-Religious Reform Movements** 1. **Brahmo Samaj** (Founded by **Raja Ram Mohan Roy** in 1828): - Worked against **sati**, child marriage, and caste discrimination. - Promoted **women's education** and monotheism. 2. **Arya Samaj** (Founded by **Swami Dayananda Saraswati** in 1875): - Advocated **Vedic traditions** and **social reform**. - Opposed caste divisions and promoted **shuddhi (reconversion)**. 3. **Theosophical Society** (Founded by **Annie Besant** and **Madame Blavatsky**): - Promoted **spirituality and revival of Indian traditions**. **Foundation of Indian National Congress (INC), 1885** - Founded by **A.O. Hume**, INC became the first **pan-Indian political platform**. - Initially aimed at **constitutional reforms**, later demanded **self-rule**. **Moderate and Radical Phases of Politics** 1. **Moderate Phase (1885-1905)**: - Leaders: **Dadabhai Naoroji, Gopal Krishna Gokhale**. - Focused on **petitions and resolutions** for reforms. 2. **Radical Phase (1905-1918)**: - Leaders: **Bal Gangadhar Tilak, Bipin Chandra Pal, Lala Lajpat Rai**. - Demanded **Swaraj** (self-rule) and resorted to **boycotts** and protests. **Non-Cooperation Movement (1920-1922)** - Led by **Mahatma Gandhi** against the **Rowlatt Act** and **Jallianwala Bagh massacre**. - Encouraged **boycott of British goods and institutions**. - Called off after the **Chauri Chaura incident**. **Peasant Movements in the 1920s** - **Bardoli Satyagraha (1928)**: Led by **Sardar Vallabhbhai Patel** against increased taxation. - Peasants demanded **reduction in rents and taxes**. **Rise and Role of Revolutionaries** - Revolutionaries like **Bhagat Singh, Rajguru, and Chandrashekhar Azad** advocated **violent resistance** to British rule. - Organizations: **Hindustan Socialist Republican Association (HSRA)**. **Civil Disobedience Movement (1930-1934)** - Launched by **Gandhi** with the **Salt March** to break the **salt monopoly**. - Encouraged **non-payment of taxes** and **mass protests**. **Quit India Movement (1942)** - **"Do or Die"** call by **Gandhi** demanding immediate British withdrawal. - Marked by **mass arrests and violence**. - Played a crucial role in **accelerating independence**. **Growth of Communalism and Partition of India** - Rise of **communal tensions** between Hindus and Muslims. - Formation of **Muslim League** and demand for **Pakistan**. - Partition in **1947** led to **violence and displacement**. **Women's Role in the Freedom Struggle** - Women like **Sarojini Naidu, Kasturba Gandhi, and Aruna Asaf Ali** played key roles. - Participated in **movements, protests**, and **underground activities**. **etailed and Comprehensive Notes on Marriage and Divorce under Hindu, Muslim, Special, and Customary Laws** **1. Application of Hindu Law** - **Hindu Law applies to**: 1. Hindus by religion (including Buddhists, Jains, and Sikhs). 2. Individuals not governed by other religious laws unless proven otherwise. 3. Does not apply to **Scheduled Tribes** unless specified by the government. **2. Sources of Hindu Law** **Ancient Sources:** 1. **Shruti**: Refers to the **Vedas** (sacred texts). 2. **Smriti**: Includes **Manu Smriti, Yajnavalkya Smriti**, and **Narada Smriti**. 3. **Commentaries and Digests**: Mitakshara and Dayabhaga are key commentaries. 4. **Customs**: Practices followed consistently over time and accepted as law. **Modern Sources:** 1. **Legislation**: Hindu Marriage Act, 1955; Hindu Succession Act, 1956. 2. **Judicial Precedents**: Courts interpret and shape Hindu law through judgments. 3. **Equity, Justice, and Good Conscience**: Used where law is silent. 4. **Justice Delivery System**: Decisions by **family courts** based on fairness. **3. Schools of Hindu Law** 1. **Mitakshara School**: - Followed across **most parts of India** (except Bengal and Assam). - Emphasizes **joint family system** and **coparcenary** rights. 2. **Dayabhaga School**: - Prevalent in **Bengal and Assam**. - Property is divided upon the **death of the father**, not during his lifetime. **4. Marriage and Divorce under Hindu Marriage Act, 1955** **Nature of Marriage** - Hindu marriage is considered a **sacrament** (religious duty) and **not merely a contract**. - However, reforms under the **Hindu Marriage Act, 1955** recognize marriage as both a **sacrament and legal bond**. **Theories of Divorce** 1. **Fault Theory**: Divorce granted on proof of matrimonial fault (adultery, cruelty). 2. **Mutual Consent**: Both parties agree to end the marriage amicably. 3. **Irretrievable Breakdown Theory**: Divorce granted if the relationship cannot be restored (yet to be codified). **5. Matrimonial Remedies under the Hindu Marriage Act, 1955** 1. **Restitution of Conjugal Rights (Section 9)**: - If one spouse deserts the other without reasonable cause, the deserted spouse can seek restitution. 2. **Judicial Separation (Section 10)**: - Allows spouses to live separately without dissolving the marriage. - Grounds are similar to those for divorce. 3. **Nullity of Marriage (Sections 11 & 12)**: - **Void Marriages**: Marriages prohibited by law (e.g., bigamy, incestuous relationship). - **Voidable Marriages**: Marriages that can be annulled (e.g., underage marriage, fraud). 4. **Legitimacy of Children**: - Children born from void and voidable marriages are considered **legitimate** under **Section 16**. **6. Dissolution of Marriage (Divorce)** - Grounds for divorce include **adultery, cruelty, desertion, conversion**, and **mental illness**. - **Mutual consent divorce**: Requires **six months' cooling-off period**, but this can be waived based on **Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746**. **7. Ancillary Reliefs under the Hindu Marriage Act, 1955** 1. **Alimony Pendente Lite (Section 24)**: - Temporary financial support during the course of legal proceedings. 2. **Permanent Alimony and Maintenance (Section 25)**: - Financial support provided after divorce. 3. **Custody of Children (Section 26)**: - Courts decide based on the **child's welfare and best interests**. **8. Bars to Matrimonial Reliefs** - Relief may be denied if the petitioner has engaged in **collusion, connivance, or condonation** of the respondent's conduct. **9. Latest Judgments under Hindu Law** 1. **Saroj Rani v. Sudarshan Kumar (AIR 1984 SC 1562)**: - Upheld **Restitution of Conjugal Rights** and considered it constitutional. 2. **Sanjay Kumar Sinha v. Asha Kumari (2018) 5 SCC 333**: - Clarified the **grounds for divorce** and irretrievable breakdown of marriage. **10. Marriages and Divorce under Muslim Law** **Marriage (Nikah):** - Marriage is a **civil contract** in Muslim law, requiring **offer, acceptance, and witnesses**. **Dower (Mahr):** - Mahr is a **mandatory gift from the husband to the wife** at the time of marriage. **Divorce:** - Modes of divorce include **Talaq-e-Ahsan, Talaq-e-Hasan, and Talaq-e-Biddat** (now banned). - **Shayara Bano v. Union of India (2017) 9 SCC 1**: - Declared **Triple Talaq (Talaq-e-Biddat)** unconstitutional. - **The Muslim Women (Protection of Rights on Marriage) Act, 2019**: - Criminalizes **instant triple talaq** with penalties for the husband. **11. Marriage and Divorce under the Special Marriage Act, 1954** - Provides for **civil marriages between individuals of different religions** or castes. - Conditions for marriage: **age, consent, monogamy**, and **sound mind**. - Grounds for divorce include **adultery, cruelty, desertion**, and **mutual consent**. **12. The Family Courts Act, 1984** - Established **family courts** to handle disputes related to **marriage, divorce, maintenance, and child custody**. - Aims to ensure **speedy resolution** in an informal setting. **13. Marriage and Divorce under Punjab Customary Laws** - **Customary laws in Punjab** regulate marriages, with emphasis on **customary practices** such as **Anand Karaj** (Sikh marriage). - Divorce is recognized if it aligns with **established customs**. **Latest Judgment: Gangadharan v. State of Kerala (AIR 2006 SC 2360):** - Recognized **customary divorce** under Kerala law as valid. **14. Conditions of Marriage and Consequences of Violation** 1. **Monogamy**: No valid marriage if either spouse is already married. 2. **Consent**: Valid consent is mandatory. 3. **Minimum Age**: Violation can lead to **nullity of marriage**. 4. **Prohibited Relationships**: Marriages within prohibited degrees are void. **15. Latest Judgments on Customary and Religious Laws** 1. **Shastri Yagnapurushadji v. Muldas (AIR 1966 SC 1119)**: - Interpreted the role of **religion and customs** in determining legal rights. 2. **Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746**: - Allowed the **waiver of the mandatory six-month cooling period** for mutual consent divorce. **Detailed and Comprehensive Notes on Hindu Joint Family, Coparcenary, Succession, Adoption, Maintenance, and Guardianship Laws** **1. Joint Family and Mitakshara Coparcenary** - **Joint Family**: A **Hindu Joint Family** consists of all male members descended from a common ancestor, along with their wives and unmarried daughters. It is governed by the **Mitakshara School**. - **Mitakshara Coparcenary**: - A **coparcenary** includes **four generations** of male descendants, starting with a common ancestor. - After **2005 amendments** to the **Hindu Succession Act**, daughters have been given the **same coparcenary rights** as sons. **2. Classification of Property under Hindu Law** **1. Joint Family Property** - Property owned by **ancestral members** of the joint family, which includes: 1. **Ancestral Property**: Inherited up to four generations from a male ancestor. 2. **Joint Acquisition**: Property acquired jointly by coparceners. 3. **Income from Joint Property**: Any profits derived from the joint property. **2. Separate or Self-Acquired Property** - Property acquired by a member through personal effort, gift, or inheritance **not from ancestors**. - Upon death, self-acquired property devolves based on **succession laws**, not coparcenary. **3. Alienation of Joint Family Property** - Property can only be alienated with the **consent of all coparceners**, unless: 1. **Legal Necessity** (e.g., medical expenses). 2. **Benefit of the Estate**. 3. **Family Settlements**. **4. Partition of Joint Family Property** - **Partition** refers to the division of joint family property among coparceners, leading to: 1. **Severance of Status**: Termination of the joint family. 2. **Division of Property**: Each coparcener takes a share as personal property. **5. Reopening and Re-union of Partition** - **Reopening of Partition**: Possible if the partition was obtained by **fraud, coercion, or mistake**. - **Re-union**: Family members can re-unite to restore the **joint family status**. **Latest Judgments on Joint Family Property** 1. **Rajni Sanghi v. Western Indian State Motors Ltd (2015) 16 SCC 36**: - Clarified the distinction between **self-acquired and joint family property**. 2. **Shyam Narayan Prasad v. Krishna Prasad (2018) 7 SCC 646**: - Held that a **son is not entitled to claim a share** in his father's self-acquired property. **6. The Hindu Succession Act, 1956** **Devolution of Interest in Mitakshara Coparcenary** - Under the **2005 Amendment**, daughters became **equal coparceners** along with sons. **Succession to Property of a Hindu Male Dying Intestate** 1. **Class I heirs**: Sons, daughters, widow, and mother. 2. **Class II heirs**: Father, siblings, and their descendants. 3. **Agnates**: Relatives through male lineage. 4. **Cognates**: Relatives through female lineage. **Succession to Property of a Hindu Female Dying Intestate** - Property inherited by a female from her **parents** goes back to **her family of origin**, while that inherited from **her husband** goes to her husband\'s heirs. **General Provisions and Disqualifications** - Persons guilty of **murder or fraud** are **disqualified from inheritance**. - Property acquired through **illegitimate means** is also excluded. **Latest Judgment** - **CWT v. Chandersen (1986) 3 SCC 567**: Addressed the **tax implications** of inheritance and coparcenary rights. - **Vinita Sharma v. Rakesh Kumar (2020)**: Reinforced daughters\' **equal coparcenary rights** under the 2005 amendment. **7. Adoption under the Hindu Adoption and Maintenance Act, 1956** **Who May Take in Adoption** - **Male**: With the consent of his wife. - **Female**: If unmarried, widowed, or divorced. **Who May Give in Adoption** - Only the **father or mother** has the right to give a child in adoption. **Who May Be Taken in Adoption** - The child must be **unmarried** and **under 15 years**, unless customs allow otherwise. **Effects of Adoption** - The adopted child acquires all rights of a natural-born child and loses all ties with the biological family. **Latest Judgments** 1. **Laxmi Kant Pandey v. Union of India (AIR 1986 SC 272)**: - Guidelines for **inter-country adoption** to prevent child trafficking. 2. **Shabnam Hasmi v. Union of India (AIR 2014 SC 1281)**: - Affirmed the **right of adoption** under secular laws. **8. Maintenance under the Hindu Adoption and Maintenance Act, 1956** **Maintenance of Wife** - A wife is entitled to **maintenance** during and after marriage. - Under **Section 125 of the Criminal Procedure Code**, a wife can claim maintenance if the husband neglects her. **Maintenance of Children and Parents** - Sons and daughters must maintain their **aged parents**. - **The Maintenance and Welfare of Parents and Senior Citizens Act, 2007** strengthens the obligation. **Latest Judgments** 1. **Sawan Ram v. Kalawanti (AIR 1967 SC 1761)**: - Maintenance obligations toward **widowed daughter-in-law**. 2. **Shabnam Hasmi v. Union of India (AIR 2014 SC 1281)**: - Expanded the scope of **adoption and maintenance rights**. **9. Guardianship under the Hindu Minority and Guardianship Act, 1956** **Natural Guardian** - **Father** is the natural guardian of a minor son and daughter, followed by the **mother**. **Testamentary Guardian** - A parent may appoint a guardian through a **will**. **Certificated Guardian** - Appointed by the court when **parents are absent or unfit**. **Guardianship under Muslim Law** - **Natural Guardians**: Father and paternal grandfather. - **Mother** has custody rights (Hizanat) but not legal guardianship. **Latest Judgment** - **Gita Hariharan v. Union of India (AIR 1999 SC 1149)**: - Recognized that the **mother can also act as a natural guardian** if the father is unavailable or unwilling. **Comprehensive Notes on Indian Constitutional Law** **1. Meaning and Concept of Constitution** - A **Constitution** is the fundamental law or set of rules that defines the structure, functions, powers, and limitations of government institutions, and guarantees certain rights to the people. - It establishes the legal framework within which a state operates, ensuring the protection of individual liberties and promotion of public welfare. - The **Indian Constitution** serves as the supreme law and provides the blueprint for governance in India. **2. Framing of the Indian Constitution** - The **Constituent Assembly** was formed in **1946** to draft the Constitution of India, chaired by **Dr. B.R. Ambedkar**. - The Constitution was adopted on **November 26, 1949** and came into force on **January 26, 1950**. - It drew inspiration from constitutions of other nations, such as the **British Parliament, US Bill of Rights, and Irish Directive Principles of State Policy**. **3. Salient Features of the Indian Constitution** 1. **Written and Lengthy Constitution**: The Indian Constitution is among the longest in the world. 2. **Federal Structure with Unitary Bias**: India has a federal structure with a strong central government. 3. **Parliamentary System**: The executive is accountable to the legislature. 4. **Fundamental Rights and Duties**: Protects individual liberties while assigning responsibilities to citizens. 5. **Directive Principles of State Policy**: Provides guidelines to the state to ensure social and economic justice. 6. **Independent Judiciary**: Ensures the rule of law and judicial review. **4. Preamble of the Constitution** - The **Preamble** introduces the core principles of the Constitution:\ **\"We, the people of India\...\"** - **Sovereign, Socialist, Secular, Democratic, Republic** - It emphasizes **Justice, Liberty, Equality, and Fraternity**. - The **Preamble** is considered a part of the Constitution and aids in its interpretation. **5. Admission and Establishment of New States (Articles 2-4)** - **Article 2**: Empowers Parliament to admit new states into the Union of India. - **Article 3**: Parliament can reorganize state boundaries with necessary amendments. - **Article 4**: Such laws are not treated as constitutional amendments. **6. Citizenship (Articles 5-11) and the Indian Citizenship Act, 1955** - **Article 5**: Provides for citizenship for individuals domiciled in India at the commencement of the Constitution. - **Article 6**: Citizenship rights for those migrating from **Pakistan**. - **Article 9**: A person voluntarily acquiring foreign citizenship ceases to be an Indian citizen. - **Indian Citizenship Act, 1955**: Governs the acquisition and termination of Indian citizenship. **Judgments**: 1. **Berubari Union Case (1960)**: Held that **territorial changes** require constitutional amendments. 2. **Mr. Louis De Raedt v. Union of India (1991)**: Recognized that foreigners do not have fundamental citizenship rights. **7. Definition of \'State\' for Enforcement of Fundamental Rights** - **Article 12** defines the **State** to include government bodies, Parliament, state legislatures, and any authority under government control. **8. Fundamental Rights and Key Doctrines** - **Doctrine of Eclipse**: A law inconsistent with fundamental rights is not invalid but remains inoperative as long as the conflict persists. - **Doctrine of Severability**: Only the unconstitutional parts of a statute are invalidated. - **Waiver of Fundamental Rights**: An individual cannot waive their fundamental rights. **Right to Equality (Articles 14-18)** - **Article 14**: Ensures equality before law and **equal protection of laws**. - Doctrine of **Reasonable Classification**: Laws can classify based on intelligible criteria. - **Principle of Absence of Arbitrariness**: Government actions must be free of arbitrariness. **Fundamental Freedoms (Article 19)** - **Article 19** provides six fundamental freedoms to citizens: - Freedom of speech, assembly, association, movement, residence, and profession. **Right to Property under the Constitution** - **Originally a Fundamental Right**, the **Right to Property** was converted to a legal right under **Article 300A** through the **44th Amendment Act, 1978**. **Judgments**: 1. **M. Nagraj v. Union of India (2007)**: Upheld reservation policies. 2. **Justice K.S. Puttaswamy v. Union of India (2017)**: Recognized the **Right to Privacy** as a fundamental right. **Right to Life and Personal Liberty (Articles 20-22)** - **Article 21**: Right to life includes the **right to privacy, live-in relationships, and LGBTQ+ rights**. - **Judgment**: **Navtej Singh Johar v. Union of India (2018)** decriminalized **Section 377**, ensuring LGBTQ+ rights. - **Article 21A**: Right to Education, enforced through the **RTE Act, 2009**. **Right against Exploitation (Articles 23-24)** - **Article 23**: Prohibits human trafficking and forced labor. - **Article 24**: Prohibits child labor in hazardous industries. **Freedom of Religion and Cultural Rights (Articles 25-30)** - **Article 25**: Guarantees the freedom of religion. - **Articles 29-30**: Protect the rights of **minorities to establish educational institutions**. **Judgments**: 1. **Joseph Shine v. Union of India (2018)**: Struck down **adultery law** as unconstitutional. **9. Writs (Articles 32 and 226)** - **Habeas Corpus**: Ensures release from unlawful detention. - **Mandamus**: Orders a public official to perform their duty. - **Certiorari**: Quashes lower court decisions. - **Prohibition**: Stops a lower court from exceeding jurisdiction. - **Quo Warranto**: Challenges illegal occupation of public office. **10. Judicial Review** - The **power of courts** to determine the validity of laws and government actions with respect to the Constitution. **11. Directive Principles of State Policy (Articles 37-51)** - These are **non-justiciable principles** aimed at promoting welfare, economic justice, and social equity. **12. Inter-Relationship between Fundamental Rights and Directive Principles** - **Fundamental Rights** are enforceable in courts, while **Directive Principles** guide governance. - **Judgment**: **Minerva Mills v. Union of India (1980)** established a balance between both. **13. Fundamental Duties (Article 51A)** - Introduced by the **42nd Amendment Act, 1976**, these duties promote **patriotism** and **civic responsibility**. **Judgments**: 1. **Animal Welfare Board of India v. A. Nagaraja (2014)**: Prohibited the **Jallikattu** bull-taming event. 2. **Shyam Narayan Chouksey v. Union of India (2018)**: Ruled that **playing the national anthem in cinema halls** is not mandatory. **Comprehensive Notes on the Indian Constitution: Union and State Executive, Judiciary, and Legislative Relations** **1. Union & State Executive** **Union Executive** - **Composition**: The Union Executive comprises the **President**, **Vice-President**, and the **Council of Ministers** headed by the Prime Minister. - **President**: The constitutional head of the state, elected for a term of five years, and performs various ceremonial duties. - **Council of Ministers**: Acts as the real executive body, responsible for making decisions and implementing laws. **State Executive** - **Composition**: The State Executive consists of the **Governor**, **Chief Minister**, and the **Council of Ministers**. - **Governor**: The constitutional head at the state level, appointed by the President, with powers similar to those of the President at the national level. - **Chief Minister**: The head of the government in the state, elected by the majority party in the Legislative Assembly. **2. Union & State Judiciary** - **Supreme Court**: The apex court, the guardian of the Constitution, and has the power of **judicial review**. It consists of the Chief Justice and other judges appointed by the President. - **High Courts**: The highest court in each state, with powers of judicial review and original jurisdiction over certain matters. - **District Courts**: The subordinate courts where most cases are initially filed. **Judgments** 1. **Shatrughan Chauhan v. Union of India (2014)**: Recognized the right to a speedy trial as a fundamental right under Article 21, emphasizing the importance of timely justice. 2. **Supreme Court Advocates on Record Association v. Union of India (2015)**: Declared the National Judicial Appointments Commission (NJAC) unconstitutional, reaffirming the judiciary\'s independence from executive influence. **3. Union & State Legislature** **Union Legislature** - Composed of **Parliament**, which includes the **Lok Sabha** (House of the People) and the **Rajya Sabha** (Council of States). - **Lok Sabha**: Members are directly elected for a term of five years. - **Rajya Sabha**: Members are elected by the elected members of the State Legislative Assemblies and by the President for a term of six years. **State Legislature** - Comprised of the **State Legislative Assembly** (Vidhan Sabha) and, in some states, the **State Legislative Council** (Vidhan Parishad). - **State Legislative Assembly**: Members are directly elected for a term of five years. - **State Legislative Council**: Not present in all states; members are elected by various methods, including elections by local authorities and appointments by the Governor. **4. Legislative Relations Between Union and States** - The Constitution delineates the distribution of legislative powers between the Union and the States through the **Seventh Schedule**, which contains the **Union List**, **State List**, and **Concurrent List**. **5. Doctrines of Interpretation** **1. Territorial Nexus** - Legislation can be enacted by Parliament or State Legislatures based on the territorial nexus principle, meaning it should have a reasonable connection to the area or subjects governed. **2. Harmonious Construction** - Courts interpret conflicting statutes in a manner that reconciles them to give effect to both, avoiding any inconsistency. **3. Pith and Substance** - The court looks at the essence of a legislation to determine its validity, rather than focusing solely on the language used. **4. Doctrine of Repugnancy** - When laws made by the State Legislature conflict with laws made by Parliament on the Concurrent List, the central law prevails. **5. Colourable Legislation** - A law is declared void if it appears to be made under one power but actually intends to act under another power not granted to that authority. **Judgments** 1. **Raja Ram Pal v. Hon\'ble Speaker, Lok Sabha (2007)**: Explained the doctrine of repugnancy concerning legislative powers. 2. **State of Bombay v. F.N. Balsara (1951)**: Illustrated the principle of pith and substance. **6. Administrative Relations Between Union and States (Articles 256-263)** - **Article 256**: States are required to comply with the directions of the Union in matters concerning the implementation of laws. - **Article 257**: Union can direct the States in matters of administration if the Union is concerned. - **Article 263**: Provides for the establishment of an Inter-State Council to promote coordination between states. **7. Liability of State Under Contracts and Torts (Articles 299 & 300)** - **Article 299**: All contracts made in the exercise of the executive power must be in writing and executed on behalf of the President or the Governor. - **Article 300**: The State can sue and be sued in matters related to its activities as a legal entity. **8. Trade, Commerce and Intercourse (Articles 301-307)** - **Article 301**: Guarantees freedom of trade, commerce, and intercourse throughout the territory of India. - **Article 302-307**: Provides for the imposition of reasonable restrictions on the freedom of trade by the Parliament and State Legislatures. **9. Safeguards to Civil Servants (Articles 309-311)** - **Article 309**: Empowers Parliament and State Legislatures to make laws regarding the recruitment and service conditions of public servants. - **Article 310**: Grants the President and Governors the authority to dismiss public servants. - **Article 311**: Provides protection against dismissal, removal, or reduction in rank without an inquiry. **Judgments** 1. **Jindal Stainless Ltd. v. State of Haryana (2017)**: Addressed issues of compliance with state laws regarding employment and trade practices. 2. **Union of India v. Tulsiram Patel (1985)**: Clarified the scope of Article 311 concerning the procedural safeguards for public servants. **10. Elections (Articles 324-329)** - **Article 324**: Empowers the **Election Commission** to supervise, direct, and control the electoral process. - **Articles 325-329**: Deal with the conduct of elections, including the qualifications for membership in Parliament and State Legislatures, and the procedures for elections. **11. Emergency Provisions** - **National Emergency**: Proclaimed under Article 352, allowing for the suspension of fundamental rights. - **State Emergency**: Proclaimed under Article 356 if the constitutional machinery in a state fails. - **Financial Emergency**: Proclaimed under Article 360, allowing the Union to direct states regarding financial matters. **12. Amendment of Constitution and Theory of Basic Structure (Article 368)** - **Article 368**: Provides the procedure for amending the Constitution. - **Kesavananda Bharati Case (1973)**: Established the **Basic Structure Doctrine**, stating that Parliament cannot alter the fundamental framework of the Constitution. - **S.R. Bommai v. Union of India (1994)**: Further clarified the application of the Basic Structure Doctrine in the context of State Emergency.