Polity Static
Static
- Refer history notes for pre independence legislations
- Objectives resolution - laid down fundamentals and philosophy of constitution
- Criticism of CA - Not rep body, not sovereign body, Time consuming, Congress Dominated, Lawyer Politician Domination, Hindu dominated
- Changes to CA by Independence Act - made it sovereign body, added legislative fn, ML members withdrew. Ratified IN membership of commonwealth
- Imp Committees - Union Powers, Union Constitution, Provincial Constitution, Drafting Com, Advisory Com on FR Minorities etc, Rules of procedure, States Comm - Nehru, Steering Comm
- Experts Comm made draft of Objectives Res
Enactment and Enforcement
Features
2020-10-21 16:59:23
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Lengthiest written - now has 420 Art, Various Sources, Blend Rigidity and Flexibility, Federal Sys w/ Unitary Bias, Parliamentary Form, Synthesis of Parliamentary Sovereignty and Judicial Supremacy, Integrated and Independent Judiciary, FRs - political demo, DPSPs, FDs - 42 CAA 86 CAA, Secular State, Universal Adult Franchise, Single Citizenship, Independent Bodies - ECI CAG UPSC SPSC, Emergency Provisions, 3 tier of Govt, Co-op Societies - 97 CAA,
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Criticism - Borrowed, Carbon copy of 1935 Act, Anti-Indian, Un Gandhian, Elephantine Size, Paradise for lawyers
Amendments
2020-10-21 16:59:31
- Refer Anki
- 7 CAA - States Reorganisation Act, amended Schedules 2 and 7
- 25 CAA - Art 31C added gave primacy to DPSP 39b 39c over FR 14, 19 and 31
- 26 CAA - abolished Privy Purses
- 38 CAA - decl of emergency by Prez, promulgation of Ordinances as non-justiciable, P can declare national emergency on diff grounds simultaneously
- 51 CAA - amended Art 330 - 332 provide reservation for ST from Arunachal, Meg, Miz in LS
- 65 CAA - constitution of NCSC NCST consist of Chair, Vice Chair, 5 other mem
- 77 CAA - added 4a to Art 16 states make provision for reservation in promotion in Gov jobs for SC STs to nullify Indra Sawhney judgment on Mondal commission
- 85 CAA - consequential seniority in case of promotion of SC ST by reservation
- 89 CAA - NCSC and NCST established
Diff types of Amend
Significant Provisions
2020-10-21 16:59:41
Preamble
- Justice social, economic political
- Liberty of thought, expression, belief, faith and worship
- Equality of status and opportunity
- Fraternity assuring dignity, Unity integrity of nation
- Source of Authority, gives nature of IN state, tell objectives
- Berubari Union case - shows general purpose behind consti, are minds to makers of const, Not part
- K Bharti case - is part, extreme importance, const should be read in light of noble vision in Preamble, can be amended subject to basic feature doctrine
- LIC of India case 1995 - Preamble integral part
- Non justiciable, Neither a source nor prohibition of power of legislature
FRs
DPSP
Judicial Review
- Art 141 binding, Art
Universal Adult Franchise
Citizenship (part II Art 5-11)
- Rights privileges to Citizens of India - Art 15, 16, 19, 29, 30
- Citizenship act 1955 provides acquisition and loss of Citizenship : By Birth 1950-1987-2004, By Descent - 1950-1992-2004(unless birth registered within 1 yr), By Registration, By Naturalisation, incorporation of territory, Persons covered by Assam Accord - before-1966-1971-after
- Loss by Renunciationcan be withheld during war, Termination - voluntary acquisition during war not applies, Deprivation - obtained through fraud, disloyalty, traded w/ enemy during war
- Single Citizenship - Exceptions to general rule of absence of discrimination
- Parliament can prescribe residence condition for employment,
- Special benefits under Art 15 that do not cover race, religion, caste, sex and place of birth
- Freedom of movt subject to protection of STs
- LM Singhvi comm - overseas citizenship of India
Separation of Powers
Basic Structure
2020-10-24 09:52:04
- Shankari Prasad Case 1951 - on 1st CAA power to amend const includes FR -
- Golaknath Case on 17th CAA cannot amend FR are transcendental and immutable -
- 24th CAA passed by parliament can take away FR under 368 -
- K Barati case 1973 -
- reaffirmed in Indira Nehru Gandhi Case(election of PM, Speaker out of purview of SC)
- 42nd CAA no limitation on the constituent power of parliament + no amendment can be questioned in any court
- Minnerva Mills case - parliament cannot amend itself under Art 368 to give unlimited powers, Judicial review a basic structure
- Waman Rao case - adhered to BS doctrine, date fixed as Arl 24 1973
- Elements are Supremacy of const, Sovereign, Demo, Republican, Secular Character, Free fair election, Sep of powers, Fed char of const, Welfare state, Judicial review, principles of equality, Rule of law, Independence of Judiciary etc
comparison of IN consti w/ other countries Parliament and State Legislature - Structure, functioning, conduct of Business, powers and privileges and issues arising out of these
2020-10-21 17:04:41
| BR Consti | IN Const |
|---|---|
| Unwritten | written |
| Evolutionary | Open to evolution |
| Flexible | Blended |
| Unitary | Federal |
| Parliamentary Exec | |
| Parliament is Sovereigncourts cannot question | Courts can declare ultra vires legislative measures |
| Unwritten Rules like Queen can refuse assent but doesn't do so | Not there |
| Rule of Law, Independence of Judiciary | |
| Monarcy, absolute immunity | Republic |
| PM has to be mem of Lower House, has Privy Council, | |
| Judiciary cannot strike down legislative act Highest interpreter, actions of exec can be declare ultra vires, judicial activism | Evolved Basic Structure Same w/ IN Judiciary |
| US Const | IN Const |
|---|---|
| Among the shortest | |
| Very Rigid | |
| Dual Citizenship | |
| Truly Federal | Quasi Fed |
| Dual Federation - C S completely independent, | Depends on one another |
| symmetrical federalism | Assymmetrical fed |
| Presidential form, 4 yr term, not accountable, max 2 terms, only natural born, through Electoral College | Parliamentary |
| Impeachment - passed by 2/3rd majority, senate investigate, only be removed if 2/3 mem of senate pass a resolution | |
| Bill introduced and directly sent to committee | Sent after 1st reading |
| CN Const | IN Const |
|---|---|
| Socialist, CCP - democratic centralism principle | |
| Peoples Democratic Dictatorship, closely related to USSRs consti | |
| Strong Central Govt, one party sys, | |
| National People's Congress NPC is theoretically top decision making body 5 yr duration | |
| Standing Committee of Congress is in practice most powerful headed by Chairman | |
| State council headed by Premier | |
| Committed Judiciary - to socialism, conventional, quasi-judicial enforcement | |
| FRs and FDs | |
| Mao, Lenin, Marx ideologues |
| French Const | IN Const |
|---|---|
| Unitary, Semi presidential | |
| Fr parliament does not have supremacy in law making, a list for which legislature can make laws | |
| Principles of Executive Supremacy, Strong Prez fixed term, PM subordinate to the Prez, Cohabitation, PM can elect cabinet | |
| Emergency gives unlimited power to Prez makes him a dictator, can dissolve Assembly at most 2x a year, | |
| Amendment is Rigid, Referendum by Prez |
| German Cosnt | In Cont |
|---|---|
| Federation, Residuary powers w/ state, based on BR parliamentary form, Chancellor is PM, Prez is Const Head | |
| Problem of hung assembly, Bundestag 4 yr term, Bundesrat upper house can veto legislation, States do not have equal rep | |
| JP const | IN const |
|---|---|
| Parliamentary, constitutional Monarchy, 2 houses of Diet, PM has to be elected by both house | |
| Article 9 renounces the policy of war, forces only for self defence | |
| CAN | IN |
|---|---|
| Monarchy BR queen formal head, written const put exec authority to Monarchy, but unwritten convention PM exercises, | |
| Federal parliament, residuary power w/ centre, | |
| Charter of rights and freedom | |
| Australian Const | IN |
|---|---|
| Federation like US, Residuary powers w/ state, written, compulsory to vote for people 18 |
