An Introduction
NATION: “a large body of people united by common
descent, history, culture, or language, inhabiting a
particular state or territory” (Oxford Dictionary)
IS INDIA A NATION ?
• No. of religions
• Diverse physical features
- Dry deserts, Evergreen forests, Fertile
plains
• No. of languages (200) and dialects (1400)
• No uniform civil code
• Diversity of clothing and attire
• Diversity in food habits
• Numerous tribal cultures
In India we have…..
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Revolt of 1857
Phase of Moderates
Gandhiji’s entry
Extremist forces
Second World War
Partition
Independence
Emergence of a Nation
- Freedom Struggle
THE CONSTITUTION
A legal document for
governance…..
• CAME INTO EFFECT: 26th Jan, 1950
• ‘British India’ + ‘Princely States’
• Cabinet Mission Plan
• ‘Constituent Assembly’ constituted in Nov,
1946
• Drafting Committee (Chairman: B R
Ambedkar)
• 2 years, 11 months, 18 days
Constitution of India
- The Making
IS THE CONSTITUENT ASSEMBLY
TRULY REPRESENTATIVE ??
(British India: 296 seats
Princely States: 93 seats)
Fundamental Rights
Directive Principles of State Policy
Federal System with Unitary Bias
Parliamentary form of Government
Synthesis of Parliamentary Sovereignty &
Judicial Supremacy
• Universal Adult Franchise
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– 395 Articles (450), 22 Parts (24), 8 Schedules
(12)
• Longest written Constitution in the world
Features of the Constitution
“AN INTELLIGENT ACT OF POLITICAL ENGINEERING”
• Canada, USSR, Japan, Australia, France etc.
• South African Constitution
– Procedure for Amendment of Constitution
• Irish Constitution
– Method of election of President, DPSPs
• US Constitution
– Fundamental Rights, Independent Judiciary
• British Constitution
– Parliamentary Government, Legislative Procedure,
Bicameralism
Largely a borrowed Constitution!!!
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Sovereign
Socialist
Secular
Democratic
Republic
Liberty (of thought, expression, belief, faith)
Equality (no privileges to any section)
Fraternity
Nature of India
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FRs are justiciable !!
Right to Equality
Right to Freedom
Right Against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
Fundamental Rights
Secure the right to work
Organize village panchayats
Prohibit consumption of intoxicating drinks
Uniform civil code
Protect and improve environment
To promote monuments, places of historic importance
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DPSPs are NOT justiciable !!
Provide free legal aid to poor
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Few Examples:
“ideals that the State should keep in mind while
formulating policies and enacting laws”
Directive Principles of State Policy
“RIGHTS NEED TO BE BALANCED WITH DUTIES”
• Added to the Constitution in 1976
• Inspired by USSR
• Mostly found in ‘socialistic’ nations
Few Examples:
- Respect national flag and national anthem
- Uphold and protect the integrity of India
- Safeguard public property
- Promote harmony and brotherhood
Fundamental Duties
Organs of Union Government
• Parliament consists of President & 2 Houses:
– Lok Sabha
– Rajya Sabha
• Powers & Functions of Parliament
– Makes laws (for whole of India)
– Executive is responsible to Parliament
– Financial Powers
– Constituent Powers
– Judicial Powers
Legislature
Normal term of 5 years
President can dissolve before 5 years
Members are directly elected by people
Universal Adult Franchise (above 18 yrs)
Constituencies readjusted after each Census
(Ban on readjustment till 2026; Current Basis: 2001 census )
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(530 from states; 20 from UTs; 2 nominated)
LOK SABHA – ‘House of the People’
• Maximum Strength: 552
Legislature (contd.)
• UPA (273) - TMC(19) = 254
• Outside support for UPA: 50 = BSP (21) +
SP (22) + RJD (4) + JDS (3)
• CURRENT STRENGTH = 304
• Total Strength: 540
• Half-way Mark: 271
15th Loksabha
• Elected: By elected members of state
legislative assemblies
• Nominated: People with special knowledge
in art, literature, science & social service
• It is a permanent body
• One-third of its members retire every 2 yrs
(238 from states; 12 nominated by President)
RAJYA SABHA – ‘House of States’
• Maximum Strength: 250
Legislature (contd.)
Law-Making Procedure:
- Introduction (of the Bill)
- General Discussion
- Committee Stage
- Voting
- Majority of members present and voting
- Similar procedure in the second house
- President’s assent
Legislature (contd.)
Main function: To execute laws
Constitutes Council of Min with PM as head
Includes the entire government machinery
President is the Constitutional Head of the
Executive
• PM is the Real Head of the Executive
• “President shall act in accordance with the
advice rendered by Council of Ministers
headed by the Prime Minister”
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Executive
(Sitting President/Vice-President, Governor, Minister)
President of India
Qualifications:
- Citizen of India
- Above 35 yrs of age
- Should hold NO office of profit
- Should be qualified for election as a
member of Lok Sabha
- Exemptions to ‘office of profit’
Executive (contd.)
Powers of President
- Executive Powers
- Legislative Powers
- Judicial Powers
- Financial Powers
- Military Powers
- Emergency Powers
IS THE PRESIDENT REALLY POWERFUL ?
Executive (contd.)
• Interprets and validates laws
• Supreme Court: At the top of an integrated
system of judiciary
• Supreme Court High Courts District
Courts Lower Courts
• Judges of SC appointed by President
• No. of judges of SC: 31 (30 + 1)
• Independence of judiciary
Judiciary
- Governor President
- Chief Minister Prime Minister
Role of Governor
- Nominee of Central Government
- Not elected
- No procedure for impeachment
( AP, Bihar, J&K, Karnataka, UP, Maharastra)
STATE GOVERNMENTS
- Legislative Assembly (& L. Council)
- Some states have bicameral legislatures
Second Tier of Government
DOES THE THIRD-TIER REALLY EXIST?
Nagar Panchayat, Municipal Council and Municipal
Corporation
• 3 types of Municipalities for urban areas
• 3-Tier Panchayat system for rural areas
- Village level
- Intermediate level
- District level
• Introduced by the 73rd and 74th Constitutional
Amendment Acts of 1992
LOCAL GOVERNMENT
Third Tier of Government
EXECUTIVE
IS THERE AN OVERLAP??
JUDICIARY
LEGISLATURE
Organs of the Government