Transcript Part 1: Constitutional Framework (Four Part Series on Indian Polity) By Arpit Ludhiyani (Guest Speaker) & Satyadhar Joshi March 2011 http://onlineclasses.nanotechbiz.org/

Part 1: Constitutional Framework
(Four Part Series on Indian Polity)
By Arpit Ludhiyani (Guest Speaker) & Satyadhar Joshi
March 2011
http://onlineclasses.nanotechbiz.org/
Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Historical Background
Making of Constitution
Salient Features of Constitution
Preamble of Constitution
Union and its Territories
Citizenship
Fundamental Right
Directive Principle of State Policy
Fundamental Duties
Amendment of Constitution
Outstanding Features of this Series
Series of Classes during 7-30 March 2011

Class1: Introduction to Constitutional Framework

Class 2: System of Government

Class 3: Central, State & Local governments

Class 4: Constitutional & non-constitutional bodies
together with other dimensions of the constitution.

Total of 8 Hours Series covering the entire Course
of Indian Polity with 2 hour classes each
Other Series
Indian Economics
 Geography
 History
 General Awareness

Special Aspects of This Class!
Use of Vocabulary
 Use of Common Sense
 Use of overall history hints
 Minimum Memorization to learn things
 Use of Important Facts
 Use of Historical Background to
understand the present scenario

Historical
Background

1.
2.
3.

1.
2.
3.
The Company Rule (1773-1858)
Regulating Act of 1773
Pitt’s India Act of 1784
Charter Act of 1833
The Crown Rule (1858-1947)
Government of India Act (Transfer of power to
British Government)
Indian Council Acts of 1861, 1892 and 1909
Government of India Act 1935
Company Rule vs. Crown Rule
Some Facts to Remember 1 (by
applying our Unique technique)







Lord Warren Hastings was the first Governor General of Bengal
Pitt’s act made all territories of company as the British possessions
in India
Charter Act is important with respect to the first formation of
Government of India
Charter act made Lord William Bentick Governor General of India
(earlier there were many with Bengal’s being the supreme)
There was Charter Act of 1853 which led to the formation of
Indian civil Service (What is Charter???)
Government of India Act of 1858 changed the designation of
Governor General to Viceroy of India (Lord Canning become the
first)
Dictionary meaning of Viceroy : governor representing
sovereign in colony: a governor who represents a sovereign in a
province, colony, or country
Some Facts to Remember 1I (by
applying our Unique technique)
Minto-Morley reforms of 1909 for the first time
introduced separate electorate under which
Muslim members were to be elected my only
Muslim Voters
 Lord Minto came to be known as the father of
Communal Electorate
 Government of India Act 1919 for the firs time
gave enough control to the provinces of British
India
 Government of India Act in 1935 divided the
powers between the Centre & Provinces in terms
of three lists (Federal, Provincial & concurrent)

Making of
Constitution
Idea of Constituent
Assembly: An idea given
by MN Roy in 1934
Formation of Continent Assembly
 Working of Constituent Assemble
 Enactment of constitution
 Enforcement of Constitution

Some Facts to Remember III (by
applying our Unique technique)
Constituent assembly came to effect in Nov
1946 under the Cabinet Mission plan
 Dr. Rajendra Prasad & H.C. Mukherjee were
elected President & Vice- President
respectively (how to remember this one?)
 Constituent Assembly appointed 22
committees to deal with different tasks of
constitution making
 The constitution as adopted on Nov 26,
1949 contained a preamble, 395 articles and
8 schedules (today we have 450 articles and
12 shedules)

Salient Features
of Constitution
Lengthiest Written
Constitution
Presently having 450 articles
& 12 Schedules
Drawn from various sources
 Federal system with unitary bias
 Parliamentary form of government
 Fundamental rights
 Three Tier government

Sources of the Constitution
Preamble of the Constitution
Preamble of the Constitution
WE,THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
Some Facts to Remember IV (by
applying our Unique technique)
One of the controversies about preamble
is whether it is a part of constitution or
not
 In 1973 Supreme Court held that
preamble is the part of constitution
rejecting it’s earlier position
 It is non justifiable i.e. It’s provisions are
not enforceable in courts of Law

Union and its
Territories





Union of States
Reorganization of
states
Territories of India
in 1950
Territories of India
in 1956
Territories of India
in 2002
Citizenship
What is citizenship
 Constitutional provision
 Citizenship act 1965

Acquisition of citizenship
2. Loss of citizenship
1.

Provision of Single Citizenship
Fundamental Right

The six fundamental rights recognized by the constitution are:
1.
Right to equality, including equality before law, prohibition of discrimination
on grounds of religion, race, caste, sex or place of birth, and equality of
opportunity in matters of employment
2.
Right to freedom of speech and expression, assembly, association or union,
movement, residence, and right to practice any profession or occupation
(some of these rights are subject to security of the State, friendly relations
with foreign countries, public order, decency or morality)
3.
Right against exploitation, prohibiting all forms of forced labour, child
labour and traffic in human beings;
4.
Right to freedom of conscience and free profession, practice, and
propagation of religion;
5. Right of any section of citizens to conserve their culture, language or script,
and right of minorities to establish and administer educational institutions
of their choice; and
6. Right to constitutional remedies for enforcement of Fundamental Rights.
Right To Equality
Equality before Law & Equal protection of
Laws
 Prohibition of Discrimination on certain
grounds
 Equality of opportunity in Public Employment
( Mandal Commision as exception)
 Abolition of Untouchability
 Abolition of Titles

Right to Freedom

1.
2.
3.
4.
5.
6.



Protection of 6 Rights:
Right to freedom of speech & expression
Right to assemble peacefully
Right to form associations & unions
Right to move freely throughout the territory of India
Right to reside & settle in any part of India
Right to practice any profession
Protection of Life & personal liberty
Right to Education
Protection against Arrest & Detention
Right against Exploitation
Prohibition of Forced Labour & human
trafficking
 Prohibition of Employment of children in
factories, etc.

Right to Freedom of Religion
Freedom of practice & propagation of
Religion
 Freedom to Manage Religious Affairs
 Freedom from Taxation for promotion of
a Religion
 Freedom from Attending Religious
Instruction

Culture & Educational Rights
Protection of Interests of Minorities
 Right of Minorities to Establish &
Administer Educational Institutions

Difference B/w Martial Law &
National Emergency
Writs
The Supreme Court ( under Article 32 ) and
the high courts (under article 226) can issue
writs of Habeas Corpus, mandamus,
prohibition, certiorari, and quo-warranto
1. Habeas Corpus: to have the body of
2. Mandamus: we command
3. Prohibition: to forbid
4. Certiorari: to be certified
5. Quo-warranto: by what authority or warrant

Mandal Commission





Formed in 1979 by Morarji Desai
Government
BP Mandal (Member of Parliament)
Constituted in terms of article 340 to
investigate the condition of the socially and
educationally backward classes and suggest
measure for their advancement
The commission recommended for
reservation of 27% government jobs for
OBCs so that total reservation for all (SC,
STs and OBC) amounts to 50%
Implemented in 1990 by V.P. Singh
government
Directive Principle of State Policy
Features of the Directive Principles
 Classification of Directive Principles
 Criticism of Directive Principles
 Utility of Directive Principles

Distinction between fundamental
Rights and Directive principles
Fundamental Duties
Swaran Singh Committee
Recommendations
 List of Fundamental Duties
 Significance of Fundamental Duties

Amendment of Constitution


1.
2.
3.
Procedure for amendment
Types of amendment
By simple majority
By special majority
By special + ratification by half states
Types of Majority
Simple Majority: Above 50% in both
houses (Eg. Establishment of new states)
 Special Majority: 50% of absolute and 75%
of present and voting (Eg. amendment of
fundamental rights)
 Special Majority and consent of states (Eg.
Election of president and its manner)

Coming in Class 2!
(System of Government)
1.
2.
3.
4.
5.
6.
Parliamentary System
Federal System
Centre-State Relations
Inter-state Relations
Emergency Provision
Special Status of Jammu & Kashmir
Coming in Class 3 !
(Central, State & Local governments)
1.
2.
3.
4.
Central Government
State Government
Local Government
Union Territories and Special Areas
Coming in Class 4 !
(Constitutional & non-constitutional bodies)
1.
2.
3.
4.
Constitutional Bodies
Non-constitutional bodies
Other Constitutional dimensions
Political Dynamics
Text

Textbook: Indian Polity by M Laxmikanth,
TMH India Publications (Second Edition)