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A comprehensive overview of the indian constitution, covering its formation, philosophy, and key features. It delves into fundamental rights and duties, directive principles of state policy, and the institutional framework of the indian government. The document also explores the concept of federalism in india and its challenges. It is a valuable resource for students of indian politics and law, offering a clear and concise explanation of the key concepts and principles.
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UNIT I – Introduction
a) Constituent Assembly: Formation, Composition, and Working
Formation: Constituent Assembly was created under the Cabinet Mission Plan (1946) to frame the Constitution of India. It first met on 9th December 1946.
Composition: Initially 389 members (later 299 after Partition). Members were indirectly elected by Provincial Assemblies and nominated from princely states.
Working:
Chairman: Dr. Rajendra Prasad
Drafting Committee Head: Dr. B.R. Ambedkar
Took 2 years 11 months and 18 days
Adopted the Constitution on 26th November 1949; enforced on 26th January 1950
b) Philosophy of Indian Constitution
The Preamble summarizes the philosophy: Sovereign, Socialist, Secular, Democratic, Republic.
Aims to ensure:
Justice (social, economic, political)
Liberty (thought, expression, belief)
Equality (status and opportunity)
Fraternity (unity and dignity)
Influences: British parliamentary system, American rights structure, Irish DPSPs, Gandhian principles, and socialist ideas from USSR
c) Approaches to Study Indian Polity: Liberal and Socialist
Liberal Approach:
Emphasizes individual rights, democracy, rule of law
Believes in minimum state intervention
Key thinkers: Locke, Mill
Socialist Approach:
Focuses on social and economic equality
Advocates for state-led development to reduce inequality
Influenced by Marxist ideas, seen in Indian planning and welfare programs
d) Approaches to Study Indian Politics: Gandhian and Institutional
Gandhian Approach:
Based on non-violence, self-rule (Swaraj), village economy, and decentralization
Right to Equality, Freedom, against Exploitation, Religion, Cultural Rights, Constitutional Remedies
Justiciable (can be enforced by courts)
Fundamental Duties (Article 51A):
Added by 42nd Amendment (1976)
Not legally enforceable but promote civic responsibility (e.g., respect Constitution, promote harmony)
UNIT III – Directive Principles and Citizenship
b) Directive Principles of State Policy (DPSPs)
Articles 36–
Non-enforceable guidelines for state policy
Aim for welfare state – provide education, health, equal pay, etc.
Inspired by Irish Constitution
c) Relationship between Fundamental Rights and DPSPs
Initially seen as conflicting (e.g., FRs of property vs. DPSP of land reforms)
Now considered complementary after cases like Minerva Mills (1980)
Supreme Court ensures a balance – basic structure includes both
d) Citizenship (Articles 5–11)
Single Citizenship for all Indians
Methods of acquiring:
By birth, descent, registration, naturalization
Citizenship Act, 1955 governs rules
Parliament has exclusive power to make laws on citizenship
UNIT IV – Institutional Framework and Federalism
a) Union Legislation: Structure and Powers
Parliament = Lok Sabha + Rajya Sabha + President
Powers to make laws on Union List (e.g., defense, foreign affairs)
Residuary powers lie with the Union
b) Union Executive: President and Prime Minister
President:
Constitutional head, elected indirectly
Works on advice of Council of Ministers
Prime Minister: