India & Indian Constitution

CHAPTER - I

PHILOSOPHICAL AND POLITICAL FOUNDATIONS OF INDIA

CHANAKYA THOUGHT ON POLITICS

Chanakya also propounded that justice should not be delayed and matters should be heard urgently. It is not
prudent for a leader to antagonise the elders and the wise. The king should be a promulgator of Dharma and should
be a role model for the masses in his character.

Concept of Dharma

Dharma plays a very important role in the constitution through which the people get the justice and can have the
equality in the society. Dharma's 7 limbs which are given by Chanakya which is related to constitution are:

1. Swamy (King)

2. Amatya (Ministers)

3. Janapada (People/Territory)

4. Durga (Fort/Capital) 5. Kosha (Treasury)

6. Danda (Punishment)

7. Mitra (Allies)

1. Swamy (King):-

His role is to maintain law and order in the country, protect the Dharma and work for the development of the
country or kingdom.

Protect and make efficient strategies to defend his kingdom or country from the enemies and also he should be
impartial in judicial system and look after his citizens like his own family.

2. Amatya (Ministers)

The role of ministers is to suggest and help the king to rule correct path at the right time in assisting him to make
the right decisions.

They will also help the king by providing the information regarding the wants and needs of the people,
emergencies faced by the people so that the required action can be taken by the king.

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3. Janapada (People/Territory)

The citizen of the country is very much important as they contribute to the country’s economy by paying taxes
which is a significant source of money for the king.

Also, they conduct trade activities, they show their artistic abilities, knowledge, skill etc., which in turns become
the source of human resource for a country to grow.

4. Durga (Fort/Capital)

The fort or capital of a kingdom is very much important, and it should be strengthened internally as well as
externally. Act as safe havens in times of attack and it is the state's main administrative and economic hubs. The
capital city, which serves as the kingdom's administrative, economic, and military center, it is the biggest of the
fortifications (defence wall). Forts should be built with mud ramparts and parapets (walls) made of brick and
stone, and it should be well stocked with requirements for a siege, including food and other requirement.

5. Kosha (Treasury)

The kosha should be very rich so that it should have the capability of withstanding prolonged calamities. The
developments that take place in the country can only happen when there is sufficient funds or strong treasury.

The major revenue for the kosha is taxes paid by the citizens. The kosha should also be strong enough to take up
military expenditures.

6. Danda (Punishment)

Danda can be taken to mean either force or justice. Fines, lifetime imprisonment and even the death penalty are
used as sanctions for offenses and crimes.

It has been used to maintain law and order in the country to reduce crimes. The punishments are based on the
intensity of the crimes committed.

7. Mitra (Allies)

Allies is very much important in terms of emergency situations such as Natural disasters, military emergency, food
emergency etc., so the friendly allies helps the country to overcome the hardships strongly and also maintains
peace in the society.

Overall, these 7 limbs are the base of the constitution through which a country gets build in stronger way
politically, economically, resourcefully to face the upcoming challenges and also to become model nation for the
other countries in the world.

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Concept of Danda:-

Danda means punishment which is given to the accused based on the crime committed. The punishment system
depends on the country’s laws framed in the constitution.

1. Vak Danda

2. Dhana Danda

3. Dhik Danda

4. Bhada Danda

• Vak danda: Here the punishment is given by warning through word of mouth to the accused.

• Dhana danda: Here the punishment is given by levying heavy penalties or fines from the accused.

• Dhik danda: Here the punishment is given to the accused by humiliating and also by condemning his unlawful
acts.

• Bhada danda: Here the punishment is given to the physically or to the physical body based on the intensity of
the crime.

Danda is very much important in the constitution as it regulates and maintains law and order in the society. It
brings discipline and reduces the crime in the society. It also helps to uplift the Dharma in the society. In the house
of Danda everybody is equally treated including the king. The respect to the constitution, respect and right of its
people are safeguarded by the shield of Danda.

BUDDHIST

Buddhist thought, particularly the concept of Dhamma/Dharma, has the potential to influence political action in a
way that aligns with the ideals of emancipation and ethical governance.

While Buddhism is primarily a spiritual and philosophical tradition, it does offer insights and principles that can be
applied to political contexts.

The Buddhist tradition definitely provided a greater ethical foundation to ancient Indian political thought and is
particularly visible in the idea of ahimsa, kingship, religion etc.

Ambedkar explained the purpose of the Dhamma as the end of suffering and end of poverty. Dhamma becomes

a “universal morality that protects the weak from the strong, and safeguards the growth of the individual”.

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Freedom in a political context can be seen as the liberation from suffering and cruelty, which aligns with the
core goal of Buddhism – the end of suffering (Nirvana).

Buddhism emerged as a reaction against Vedic tradition. At the time, the Vedic tradition was spoiled by
superstition, caste inequality and animal sacrifice. Buddhism renounced Varnasharam dharma, and promoted
equality and ahimsa.

Buddhist tradition represents a Republican form of government. King is called Mahasammat who has been
elected by the council. Early Buddhist texts also mention the qualifications of the citizens of such republics,
such as moral goodness and discipline, etc.

Buddhist political tradition is idealistic in orientation. It lays great emphasis on the virtues of a King.
Asvaghosha, in ‘Buddhacharit’, describes an ideal king as ‘atmajit’, one who has conquered himself.

According to him, a king should be calm, learned, generous and truthful. He should be loved by the people,
rather than feared. He should also be a symbol of sacrifice to his people. According to Upinder Kaur, Buddhist
texts overemphasize compassion.

The Buddhist tradition believes in the complete application of the principle of righteousness to the King’s
internal administration and to his foreign policy.

A king should have learned and worthy ministers, and should devout himself to the welfare of the people.
Ashoka in his laws advised kings to adopt the policy of non-aggression towards neighbor’s.

The Buddhist tradition rejected the Brahmanical ethics regarding treacherous war and questionable methods in
war and diplomacy. A king rather wins others by Dharmachakra.

Thus, Buddhist tradition enriched Indian political thought with ethical foundations.

Philosophical and political foundations of Indian society by the impact of great thinkers:-

1. Raja Ram Mohan Roy (1772 -1833):-

• Raja Ram Mohan Roy is called as father of Indian Renaissance, Father of modern India, first feminist of
modern India.

• He was a Brahmin by caste and a Hindu by religion. His main motto was to uphold the matter of Humanity and
equality in the society.

• He is also the founder of Brahmo samaj which was established in the year 1828. Roy also published a
magazine called Samvada koumudi where he discussed about all the social evils and started to create
awareness in the society.

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• He attempted to cleanse the Hindu society through Rationality.

• The thought to fight against sati came to Roy by watching a fearful incident where his sister-in-law was
forcefully pushed into the fire of her husband who was Roy's elder brother. So, at that moment Roy decided to
eliminate the sati from the system and he succeeded by putting a petition to the British government regarding
the abolition of sati and where the Governor General of India William Bentinck bought a law and abolished
sati in the year 1829.

• The Dharma sabra was completely against and started to oppose this sati abolition law where to stop this ram
Mohan Roy went to England so that this must be completely and permanently get abolished for India and he
succeeded.

• He also fought against the child marriage and dowry. He supported for the western education and education of
women, property rights if women.

• He was against the Idol worship, so the Buddhist used to call him Anti-Buddhist.

• He also condemned (judged) and opposed Polygamy and many other superstitions.

• So overall he changed the perspective of the Indian society and made the people understand that the God
resides in everyone, and all should be treated equally, and nobody has the right to take the lives of others by
keeping the Vedas, Upanishads, or other Hindu scriptures as a base. This is how philosophically and politically
his ideologies impacted the Indian society.

2. Ranajit Guha (1923-2023)

Ranajit Guha is a Indian Historian. Who was one of the early pioneers of the subaltern study groups. He was
the editor of several of the Group's Anthologies and wrote extensively both in English and in Bengali.

His South Asian studies focused on post-colonial and post imperial societies. He has also mentioned about the
pre-colonial aspects.

He bought a major turn in the modern Indian history by dearly presenting the after impacts of the British rule
to the people of the country to make them understand the sufferings of the people or society and how did the
country overcome and built itself strongly.

He has also mentioned about the cunningness of the britishers in front of the people to make them understand
the worth of the freedom they have got and how many lives and families were sacrificed to get the freedom
and how the people should uplift and respect their sacrifices and to develop a responsibility as a citizen of this
country to give a proper justice to the great sacrifices.

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Being an Historian He has done his duty towards the country by providing the necessary facts and figures of
the impact of the colonial attack where through this the people got awareness and started to think in the
perspective that changed.

The mindsets of the people in respect to the colonial rule in all aspects became rational and they started to
value the balidaans made by the great leaders and continue the same dignity to place our country In a better
position economically, politically and also philosophically

Contributions and impact of Britishers:-

Colonial contributions and impact Social and Cultural Impact:

• Amid social issues like Sati, Child Marriages, Infanticides; ideas like Liberty, Equality, Freedom, and Human
Rights were brought by the British.

• To improve the condition of women in society, various legal measures were introduced.

• British showed interest in introducing the English language in Indian society. (The vernacular languages were
ignored)

• The British Parliament issued the Charter Act of 1813 by which a sum of ₹100000 was sanctioned for
promoting western sciences in India Economic Impact:

• India became an economic colony of industrial England.

• Indian handloom weaving industry was hit by the industrialization in England and eventually collapsed.

• Indian handicrafts lost both domestic and foreign market.

• Land revenue experiments caused hardship to cultivators. Commercialization of agriculture hard hit the
laborer's where numbers of landless laborer's increased.

Impact of British Rule – Positive Aspects

1. New Job Opportunities: The British introduce new job opportunities that were especially beneficial to the
members of the lower caste. With these opportunities, there was a better chance of upward social mobility for
them.

2. Development of Infrastructure: The British authorities built many important infrastructures such as hospital
schools and the most important of all, railways. Of course, this was done not to enhance the lives of the local
Indians but rather to facilitate their exploitation.

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3. Protection from external enemies: India was known as the “jewel in the crown of the British Empire”. Thus,
the British provided protection against like Persia and Afghanistan. Even other western nations like France
were deterred from being too involved with India. Though a boon, it turned out to be a bane in the long run as
it made India too heavily dependent on the British.

4. Education system: The britishers bought the western education system in English medium where they
affiliated universities in Calcutta, Madras and Bombay. They introduced new concepts into the education
system.

5. Judicial system: The britishers introduced a new system of law and justice in India those are Civil and

Criminal courts. (it discriminated between the Europeans and Indians)

Impact of British Rule – Negative Aspects

1. Destruction of Indian Industry: When Britain took over, they forced the governments to import goods from the
British Isles rather than create their own products. This led to the local cloth, metal, and carpentry industries to
fall into disarray.

2. British mismanagement led to scarcities: The British rule placed more emphasis on the cultivation of cash
crops rather than growing crops that would feed India’s huge population. They imported food from other parts
of the empire to feed its citizens.

3. The Divide and Rule Policy: The British realized that they could never rule a vast territory like India without
breaking up strong kingdoms into small easily conquerable segments. The British Empire also made it a policy
to pay religious leaders to speak out against each other, slowly poisoning relations between different faiths.

4. Indian Economy: Due in no small part to the unethical business practices of the East India Company it can be
estimated that trillions were siphoned off by Britain. Such practices even destroyed the Indian industries and
ensured that money flowing through the Indian economy ended up in the hands of London.

It may seem that the British rule in India that transformed its society for the better. But upon closer
examination, these benefits were purely coincidental, if not self-serving. Economic improvements were only
enacted to better plunder the Indian economy. Even societal changes would have come out on their own
without the need for British intervention. In the end, the negative effects of British Imperialism far outweigh
the benefits.

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CHAPTER - 2

POLITICAL VALUES & IDEALS

Mahatma Gandhi (1869- 1948):-

Gandhiji was a lawyer, politician, social activist, writer and became the leader of the nationalist movement
against the British rule of India.

Gandhiji was born in Porbandar, Gujarat in a brahmin family where he grew in the concept of Vaishnavism
worship of the Hindu god Vishnu—with a strong teenage of Jainism.

Thus, he took for granted ahimsa (noninjury to all living beings), vegetarianism, fasting for self-purification,
and mutual tolerance between adherents of various creeds and sects.

Gandhi took his studies seriously and tried to brush up on his English and Latin by taking the university of
London.

Where he was unable to start a successful law practice, he moved to south Africa in 1893 to represent an
Indian merchant in a lawsuit. He went on to live in south Africa for 21 years.

It was here that Gandhi raised a family and first employed nonviolent resistance in a campaign for civil rights.

Gandhi was quickly exposed to the racial discrimination practiced in south Africa he was beaten up by the
white driver of a stagecoach because he would not travel on the footboard to make room for a European
passenger, and finally he was barred from hotels reserved “for Europeans only.”

In 1915, he returned to India and soon set about organizing peasants, farmers, and urban laborer's to protest
excessive land-tax and discrimination.

He entered the freedom struggle in India in the year 1921.

Gandhi led them in challenging the British-imposed salt tax dandi salt march in 1930 from sabarmathi ashram
to dandi (24 days) and in calling for the British to quit India in 1942.

He was imprisoned many times and for many years in both south Africa and India.

Concepts Non – violence and tolerance

Ahimsa means not torturing or killing others, however according to Gandhi, non-violence is when a person
does not cause violence to other beings on earth through his thoughts, words, and actions, planning to harm

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others, speaking to hurt others, Gandhi believed that even causing trouble to others by doing actions is
violence.

Gandhi asserted that a person who practices non-violence should not consider anyone as his enemy was by
suggested Gandhi.

In simple terms, tolerance is the quality of respecting. Accepting and encouraging diversity around.

Further, tolerance represents a positive attitude that upholds the basic freedom or rights of others, and
tolerance is considered a useful tool for settling peace rather than conflict.

Gandhi advocated the concept of sarva dharma sama bhava and held that the state should treat all religions as
equal.

Gandhi during his lifetime worked hard to unite the Hindu and Muslim communities politically.

Concept of swadeshi represents the total environment surrounding the individual the concept of swadeshi
broadly encompasses the social, religious cultural and political context of a person's place of origin many
examples can be identified in India where this swadeshi concept was used as a tool of their struggle.

Gandhi also wanted to increase the opportunities of swadeshi by encouraging them to wear self-made clothes

through charaka.

In Gandhi's view, satyagraha was not the tool of the cowardly, the weak or the unarmed, but the tool of the
strong and morally strong. Satyagraha is a non-violent means of trying to convert opponents to give up
cruelty, inequality, untruth, and violence

Gandhiji started non-co-operation movement as there was severe economic problems faced by the Indians the
main motto of this movement was to grant self-governance by revoking the cooperation of Indians from the
British government.

While Gandhiji doing a non - cooperation movement in chauri chaura where the extremists groups attacked
the police station and blasted it which killed 22 officers as it created violence, so Gandhiji stop the
noncooperation movement in a grief.

Gandhiji took up Dandi march on 1930 from Sabarmathi ashram to Dandi which was organized to go against
salt tax laws setup by the British through non-violence.

He also started swadeshi movement to boycott the British goods and promote the Indian products by taking a
stand to upbring the Indian industries.

He also conducted civil disobedience movement and quit India movement by moving a slogan as “do or die.”

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All these movements were conducted by Gandhiji in order to get freedom through non-violence and also he
worked a lot to bring harmony and unity among Hindus and Muslim community. He believed that all religions
have the same purpose to work for.

Maulana Abul Kalam Azad (1888-1958)

Co-existence

Maulana Azad was the Islamic theologian, a poet, freedom fighter, educational reformer, and an Indian
politician.

He is also known to become the youngest president of the INC. In the age of 12 only Azad was very much
active in journalism.

In 1912 he began publishing a weekly Urdu language newspaper Al-hilal. Al-hilal was soon banned by
British authorities in 1914.

Later he published another magazine Al-balagh which was again banned in 1916 by Britishers.

In 1929 he was released from prison after 4 years because of the revolutionary ideas he was imposing in the
minds of people to make them aware of their responsibilities.

He was the leader of the Khilafat movement that happened India to support their fellow Muslims in Turkey.

As he was close to Gandhiji he participated in the salt satyagraha, noncooperation movements etc., As he liked
the Gandhi's concept of nonviolence, he started to promote Gandhi's ideals, including promoting Swadeshi.
He wrote many books such as India wins freedom, ghubare-khatir etc..,

He was the first education minister of India after independence & bought many changes. He advocated the
idea of universalization of the basic education system and proposed the idea of free and compulsory education
until secondary level for both boys and girls.

He was in favor of giving the rightful education place to the regional languages in education. He also
supported education of women. He imparted several liberal arts, science, and technology institutions. Indian
institute of technology, school of planning and architecture and the university grants commission.

All India council for secondary education commission in 1952 for reforming the structure of secondary

schools.

Literary, cultural, and scholarly institution such as sahitya academy, sangeet natak academy, lalit kala
academy, Indian council for cultural relations.

Azad was against the idea of “TWO NATION” theory of Muhammad Ali Jinnah.

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So, Azad always believed in the concept of co-exsistence and wanted to get the freedom for our country
through unity.

Bal Gangadhar Tilak (1856-1920) “Swarajya”

Lokmanya tilak was a scholar, mathematician, philosopher and a dedicated nationalist.

He was born in a middle class Brahman family.

He had a bachelor’s degree in mathematics and Sanskrit. He decided to teach mathematics in private schools
in Poona. The school became the basis for his political career.

He turned towards the task of awakening the political consciousness of the people through two weekly
newspapers that he owned and edited: Kesari in Marathi language and Mahratta in English language.

He required to widen the popularity of the nationalist movement by introducing the Hindu religious
symbolism and by invoking popular traditions of the Maratha struggle against Muslim rule.

He thus organized two important festivals. Ganesha festival in 1893 and Shivaji Maharaj festival in 1895.
(Shivaji Mahotsav)

His activities soon also brought him into conflict with British government which accused him and sent him to
jail in 1897. The trial and sentence earned him the title Lokmanya. He was released after 18 months.

He supported the Bengali demand for the annulment of the partition and advocated a boycott of British goods
later this was adopted by Gandhiji in non-cooperation with Sathyagraha.

He aimed at Swarajya, so he wanted congress party to adopt his militant program.

On that issue he clashed with the moderates taking advantage of the division the British government again
accused Lokmanya on the charges of troublemaking and terrorism he was imprisoned fir six years in Burma
(Myanmar) in Mandalay jail.

He settled down to write Shrimad Bhagavad-Gita Rahasya.

1914 on the eve of world war I he was released.

He came back to politics with inspiring slogan “Swarajya is my birth right and I will have it".

Tilak believed that swaraj was an ancient concept as did Dayananda Saraswati. The reason for this position
was that the states in ancient India were politically, economically, and morally autonomous.

In this background it clears that tilak’s Swarajya concept represents the autonomy of ancient times and the
democracy of modern times.

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Swaraj was a concept consisting of the following four elements: SWARAJ, SWADESHI, NATIONAL
EDUCATION, AND BOYCOTT.

The ruler and the ruled belong to the same country, religion, or race. A state system with good governance or
rule of law. Swaraj in tilak's view is an attempt at self-restraint.

Later he rejoined the Lucknow pact. He realized that the labor party was a growing force in British politics,
and he established firm relationships with its leaders.

His foresight was justified: it was a labor government that granted independence to India in 1947.

After his death Gandhi called him the maker of modern India and Jawaharlal Nehru called him as the father of

the Indian revolution in the way of tribute.

Deen Dayal Upadhyay (1916-1968):- - “Integral Humanism”

EARLY LIFE

He was born in 1916 in the village of Nagla Chandraban, now called Deendayal Dham, near Mauthra District

His father, Bhagwati Prasad Upadhyaya, was an astrologer and his mother, Rampyari Upadhaya was a
homemaker

Both of his parents died when he was eight years old and then brought up by his uncle

EDUCATION

He attended high school in Sikar, Rajashtan

the Sanatan Dharma College, Kanpur.

In 1939 he moved over to Agra and joined St. John's College, Agra to pursue a master's degree in English
literature but could not continue his studies.

JOINING RSS

While studying in SD college, he came into contact with RSS through a classmate in 1937

He started the monthly Rashtra Dharma from Lucknow in the 1940s. The publication was meant for spreading
the ideology of Hindutva nationalism. Later he started the weekly Panchjanya and the daily Swadesh.

He met the founder of RSS(rashtriya swayamsevak sangh), K.B. Hedgewar He started full-time work in the

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RSS from 1942

He attended various training camps of RSS

He became a lifelong pracharak of RSS, after completing the 2nd year training in RSS Education Wing

WORKING WITH BJS

In 1951, Syama Prasad Mookerjee founded the BJS (Bhartiya Jan Sangh) party

Upadhyaya was appointed as General Secretary of its UP branch and held this position for next 15 years ch
and held this

He contested by-poll for the Lok Sabha Seat of Jaunpur from UP in 1963 but could not win

became the president of party in Dec, 1967.

NON-CONGRESS COALITION

The BJS became the part of Northen states party's coalition i.e. Samyukta Vidhayak Dal

This was the anti-congress coalition Upadhyaya during his presidential speech in Dec, 1967 talked on multiple
aspects of coalition. He developed the ideology of BJS.

INTEGRAL HUMANISM

This concept was drafted by Upadhaya

It was adopted in 1965 as official doctrine of the BJS and has subsequently inherited by the BJP

According to this concept, Humankind consist of four parts body, mind, intellect and soul Even though there is
diversity in humans, but still it is the soul or atman is the common among all

Thus, world may looks diverse but it is idea of Ekatmata or the unifying soul that infuses the world

It is important to develop all elements of humankind i.e. body, mind, intellect and soul only then society will
progress. While material development is important for society but spiritual development is also important

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IDEOLOGY

Upadhyaya conceived the political philosophy Integral Humanism. This philosophy advocates the
simultaneous and integrated program of the body, mind and intellect and soul of each human being.

Deendayal Upadhyaya was convinced that India as an independent nation could not rely upon Western
concepts like individualism, democracy, socialism, communism & capitalism.

He was of the view that the Indian intellect was getting suffocated by Western theories

He welcomed modern technology but wanted it to be adapted to suit Indian requirements. He believed in
Swaraj ("self-governance").

He was the one who introduced Anthyodhay concept.

MURDER?

In December 1967, Upadhyaya was elected president of the Jana Sangh.

In the evening of 10 February 1968, at Lucknow he boarded the Sealdah Express for Patna.

The train reached Mughalsarai at about 2:10 AM but Upadhyaya was not found on the train. He was murdered
under mysterious circumstances on 11 February 1968 while travelling.

His body was found near Mughalsarai railway station in Uttar Pradesh 10 minutes after the train arrived. His body
was lying near a traction pole.

Vinoba Bhave (1895-1982) “Voluntarism”

Acharya Vinoba Bhave is Gandhiji's follower, influenced by Gandhi right from his student days, Vinoba spent
most of his life with gandhiji.

Vinoba actively participated in various movements initiated by Gandhi in India.

Also, in 1940, Gandhi chose his follower Vinoba for a personal satyagraha, apart from this, after the death of
Gandhiji, Vinoba was responsible for implementing his Sarvodaya concept.

Who was a beloved disciple of Gandhiji it is considered a great Gandhian.

He presented various ideas like Gandhiji in his speeches, works, articles and experiments and among them
volunteerism was the main one.

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Vinoba worked hard to bring social and economic revolution in India under Gandhiji's Sarvodaya concept in
this regard Vinobaji believed in the necessity of various charities based on voluntary service.

1. Bhoo dana

Vinoba came forward to provide a solution to the problems of landless farmers.

The landowners volunteered to donate their surplus land for the benefit of the landless as a result Ramachandra
Reddy donated his hundred acres of land on April 18, 1951 under the ideas of Swayamsevak for this purpose.

Vinobaji, who continued his padayatra, collided thousands of acres of land under the ideal of Swayamsevak
and distributed it to the landless people.

This experiment was popularly known as the bhoo dana principle and was based on the people voluntarism.

2. Grama dana

After the success of the bhoo dana movement, Vinobaji advocated the concept of gram dana based on a broad
form of self-service in Vinoba's opinion, the people of a village give up their private property voluntarily and
transfer it to the village community.

Under village donation, whether a family owns land or not, the total land of the village is distributed in
proportion to the number of members of a family.

Each family has to keep enough produce for its own needs and give the surplus to the community, the produce
collected by all the families of the villages sold and used for the development of the village.

Finally, the remaining income is divided among the family members proportionately.

In addition, a meeting of the village administration consisting of one representative from each family of the
village was organized to deal with the problems of the village 33 remedial decisions are taken thus, a town in
Uttar Pradesh, was the first to be subjected to village donation advocated under the ideals of self-sacrifice.

3. Dhana dana

Vinoba abstained from donation of wealth position was that wealth and money can cause confusion, mistrust.

However, due to the need for funds for the maintenance of the volunteers of the land donation movement,
Vinoba offered to donate his wealth.

He called to voluntarily donate wealth to solve the problems of the poor.

He also advised everyone to donate a portion of their income to serve the needy.

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Thus, the donation of extra wealth is a means to uplift the weak so he raised awareness regarding the donation
of money.

4. Shrama dana

Vinoba wanted to eliminate the influence of money as a medium of exchange.

Thus, he advised to prevent the influence of money by donating physical labor.

According to him, instead of acquiring a particular good or service by paying money, one can control the
demand for it by performing physical labor. Ex: If a person makes the clothes he needs by self-effort. Then
there is no need for money.

Similarly, village development is possible if we show our own physical labor rather than paying taxes in the
form of money and demanding various development measures from the government of village.

By donating public utility road, temple. He advised to join hands in the construction of lake and gardens.

Over Shrama dana a recreational thought based on the idea of self-sacrifice.

5. Buddhi dana

Inculcating the importance of volunteering by intellectuals in the society with the help of literature, lecture,
awareness articles is considered as Buddhi dana cannot participate in donation of land, wealth, labor among the
people of professional class to participate in Swayamsevak, Bhave believed that intellectual donation is more
beneficial than other voluntary activities and cannot be ignored.

Vinoba is remembered for popularizing the value of volunteerism, which can bring happiness to both the person
who performs the task and the person who receives its fruits. Even today we can observe that the ideal of
selfservice advocated by Vinoba is beneficial in solving many challenges in the society.

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Chapter 3

Political Contribution Of Regional Freedom Struggle

Kittur Rani Chennamma (1778-1829)

She was embodiment of independence and self-respect are exemplary for the contemporary generation.

Born in Kakati village near Belgaum. Belonging to Desai family of Kakati the Chennamma were well
experienced in history, Mythology, literature and weaponry at the age of 15.

Chennamma was married to Mallasarja, the king of Kittur.

When Mallasarja died in 1816. A few days before his death, a boy named Shivalingappa was adopted and
declared the heir to the Kittur kingdom.

At this time, Chennamma was overseeing the administration of kittur.

Chennamma decision to adopt Shivalingappa was not accepted by William Makepeace Thackeray the English
collector in Dharwad. His plan was to somehow occupy the kingdom of Kittur.

He was supported by Chaplin, commissioner of Dakhan. They also informed to the governor of Bombay.

Thackeray himself went to kittur and temporarily appointed Mallappashetty and Venkata Rao.

They attacked the Kittur at 1824 the people of Kittur under the leadership of Chennamma got ready to fight
against the British with Sangolli Rayanna, Chennabasavanna, Balappa meanwhile.

A bullet fired from Balappa’s gun hit British collector Thackeray. A soldier attached his head to the sword and
held as a sign of victory the frightened British army left.

Hundreds of English soldiers died in his battle. Defeat at the battle of Kittur humiliated the British, the British
decided to take revenge on Kittur bought troops(soilders) from different places such as Mysore, Solapur etc.,

The British army attacked to siege Kittur fort. Under the leadership of Chennamma, the Kannadiga’s fought
continuously against the British for 12 days Chennamma's military powers and devotion shocked the British.

The guns was rendered useless because Venkata Rao and Mallappashetty who added mud to the gun powder
and it did not work, at december 1824, kittur was captured by the British.

The British arrested Chennamma and imprisoned her in the prison of Balihongal, Chennamma hoped that her
kingdom would one day become independent.

She spent her prison life in prayer, listening to puranas, worshiping shiva.

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Eventually, Chennamma died in prison on February 21, 1829, due to illness, however, the heroes of Kittur
continued to fight against the British.

In 1830, Kittur was completely captured by the British when Shivalingappa and 400 other soldiers surrendered
to the British.

Chennamma’s name is eternal in the history of Indian freedom struggle Chennamma, who fought bravely
against the British for the political independence of her state, initiated the future political struggle.

Chennamma's Success story is still sung by people in the form of poems.

Hardekar Manjappa (1886-1947)

Hardekar Manjappa is a Kannadiga who is a political thinker, social reformer, writer, journalist.

He is famously known as Gandhi of Karnataka. Born in Banavasi Uttara Kannada.

Manjappa studied a school in Sirsi. He started his career as a teacher with a salary of Rs 7 per month.

However, in 1906, influenced by Tilak's Swadeshi movement. He resigned from the teaching profession.

Later, in September 1906, he started publishing a newspaper named “Dhanurdahri” from Davanagere.

This paper used to publish Kannada translation of articles of Kesari, a Marathi newspaper published by
Lokmanya Tilak in Maharashtra. The paper was shut down because the printers did not like the militant
attitude of the paper.

In 1910, Manjappa decided not to marry at the age of 25, feeling that marriage was a hindrance to social
service. In addition, he gave up salt, sour, spicy and sweet foods in order to complement celibacy.

In Davanagere in collaboration with Mrityunjaya Mahaswamy Manjappa started mass bhajan and commentary
programme.

Next, in 1930, Manjappa started a monthly magazine called "Udyoga". Along with this, in 1931, he published
a monthly magazine called “Sharanara Sandesha” which became his achievement.

Manjappa used to criticize the government's anti-people policies through his writings. As a result, Manjappa
became popular with people. Slowly, Manjappa leaned towards Basavanna's scientific(systematic),
rational(Balanced), equal opportunities preferences.

Manjappa's major contributions Establishment of Educational institute at Alamatti, Satyagraha Samaj

organization in Hubli, Initiated a national movement for eradication of social evils among the people.

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In 1935 Akka Mahadevi's Jayanthi celebrations were initiated for women's awareness, on banks of river
Tungabhadra Established Sathyagraha Ashram in The Basaveshwara Seva Dal organized by Manjappa
rendered good service during the Belgaum Congress session in 1924 This is henceforth known as Hindustan
Seva Dal.

Manjappa used to criticize the policies of the government through his writings.

Such an effort was the foundation of democracy in the pre-independence period.

In this background, Manjappa is known as “Yuga Purusha of Karnataka.” With this, Manjappa became a role
model for self-reliance and simple life for the people of Karnataka.

Manjappa is one of those who lived like ordinary among ordinary people and lived for those who were
suffering from poverty. That is why he is called the “Gandhi of Karnataka.”

Kamala Devi Chattopadhyay (1903-1988)

Kamala Devi Chattopadhyay was an Indian social reformer and freedom activist.

She was born in Mangaluru, Karnataka.

She was most remembered for her contribution to the Indian independence movement for being the driving
force behind the renaissance of Indian handicrafts, handlooms, and theatre in independent India and for
upliftment of the socio-economic standard of Indian women by pioneering the co-operation.

She is the first lady in India to stand in elections from Madras Constituency. While she lost in the election, she
established the path for women in India.

Several cultural institutions in India today exist because of her vision, including the National School of
Drama, Sangeet Natak Academy.

She was married in 1917 at the age of 14 but was widowed two years later.

She came to know Suhasini Chattopadhyay, a fellow student and the younger sister of Sarojini Naidu, who
later introduced Kamaladevi to their talented brother, Harindranath Chattopadhyay, by then a well-known
poetplaywrightactor.

It was their mutual interest in the arts, which brought them together.

When she was twenty years old, Kamaladevi married to Harindranath.

Shortly after their marriage, Harindranath and kamala devi left for London, on their first trip to abroad, and a
few months later Kamaladevi joined him, where she joined University of London, and later she received a
diploma in Sociology.

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While still in London, Kamaladevi came to know Mahatma Gandhi's Non-cooperation Movement in 1923,
and she promptly returned to India, to join the Seva Dal.

During her tenure, she travelled extensively to many European nations and was inspired to initiate several
social reform and community welfare programs, and set up educational institutions, run for and by women.

She was a part of the seven-member lead team, announced by Mahatma Gandhi, in the famous Salt Satyagraha
1930, to prepare Salt at the Bombay beachfront.

When World War II broke out Kamaladevi was in England, and she immediately began a world tour to
represent India's situation to other countries and drum up support for Independence after the war.

She acted in the first silent film of Kannada film industry, Mricchakatika , she has also acted in a 1943 Hindi
film, Tansen and many more.

Independence of India, brought Partition in its wake, and she plunged into rehabilitation of the refugees.

Her first task was to set up the Indian Cooperative Union to help with rehabilitation.

She worked tirelessly in helping the refugees to establish new homes and new professions; for this they were
trained in new skills.

She also helped set up health facilities in the new town.

The Government of India conferred on her the Padma Bhushan in 1955, and the Padma Vibhushan in 1987.
Overall these great freedom fighters have supported and contributed politically, socially for their respective
regions which has benefitted to the country as whole. Because of their works the women has got their equal
rights, courage to fight against the evil, understood the value of the freedom and country as a family concept
etc., they fought tirelessly with constant determination for the freedom and spreading the awareness to the
world which was essentially required for the people to know and understand. Without these people we
couldn’t enjoy our freedom and also couldn’t share our thoughts publicly

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Chapter-4
Historical background of constitutional development In India.
Developments Between 1857 to 1952:-

Revolt of 1857

• MAY, 1857 Revolt of 1857 erupted.

• Structural administrative problems of EIC got highlighted.

• Military inefficiency of EIC came to the notice of British Parliament.

I. Government of India Act of 1858

• British Govt. now wanted direct control over India's administration.

• August 2, 1858- GOI Act, 1858 was passed. Thereby, EIC was abolished & all its powers transferred to British
crown. Thereby, Company Rule ended & Crown Rule started.

• Also known as "Act for Good Govt. " of India.

• Governor General. Of India's designation Changed →Viceroy of India

• First Viceroy-Lord Canning

• Ended system of double govt, by abolishing Board of Control &Board of Director

• It created office of Secretary of state(SOS) for India

• 1st Secretary of State for India- Lord Stanley

• Member of British Cabinet Responsible to British Parliament.

• Established 15 member council of India to assist the secretary of state for India.

II. Indian Council Act of 1861:-

• Made beginning of representative institutions by associating Indians with law making process.

• Viceroy will nominate some Indians as Non- Official members.

• Nominated 3 Indians

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♣Raja of Benaras ♣Maharaja of Patiala ♣Sir Dinkar Rao

•
Madras.

• Established new legislative councils for Bengal, North- Western Frontier provinces(NWFP) & Punjab.

• Act gave recognition to Portfolio system.

III. Indian Council Act of 1892:-

• Pressure of Indian National Congress, which came into game in 1885. • The size of the
Legislative Council was increased from 10-16

• Empowered legislative council with: ♠Power of discussing budget.

♠Power of addressing questions to executive.

• Non-official members of Indian Legislative Council →Nominated by Bengal Chamber of

Commerce & Provincial Legislative Councils.

• Non-official members of Provincial legislative council →Nominated by local bodies such

as Universities, zamindars, municipalities etc.

IV. Indian Councils Act, 1909 – Morley Minto Reforms:-

• Also known as "Morley-Minto Reforms ". Secretary Of State-Morley, Viceroy-Minto

• Bengal partition- Lord Curzon in 1905.

• All India Muslim League- Jinnah in 1906 Also known.

• Increased the size of legislative council from 16-60

• Provided the association of Indians with executive council of Viceroy & Governors.

• Satyendra Prasad Sinha -First Indian to join Viceroy’s Executive Council.

• Provided for separate representation of presidency corporations, chamber of commerce, universities &
zamindars.

• Introduced a system of Communal representation(Divide & Rule) Gives separate electorate to Muslims.

"Legalized communalism" Muslim members were elected by Muslim Voters only.

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V. Government of India Act, 1919 – Montagu Chelmsford Reforms:-

• Montagu- Secretary Of State, Chelmsford- Viceroy

• World War I came to end.(Battle was won by Britishers)

• Britishers became weak.

• Mahatma Gandhi came from South Africa

• Congress raised demand of Provincial Autonomy

1. Division of Power

2. Bicameralism(2 houses)

• Created new office of High Commissioner for India in London.

• Established Central Public Service Commission in 1926.

• Act provided voting rights to Indian Women.

• Extended Communal electorates for Sikhs, Christians Anglo-Indians & European.

• Separated provincial Budget from Central Budget,

• Dyarchy, a scheme of Dual Governance was introduced in the Provincial Subjects, it was divided into
Reserved and Transferred. The transferred list included agriculture, health, education, and supervision of the
local government. The Transferred list was Administered by Governor with of ministers Responsible to
Legislative Council. The reserved list included communications, foreign affairs, defense; this transferred list
was Administered by Governor with Executive council of ministers not Responsible to Legislative Council.

• Governor was empowered to reserve a Bill for the consideration of the Governor General if it was related to
some specified matters.

• Indian Legislature was made "Bi-cameral”. Upper house was named "Council of States ".Lower house was
named "Legislative Assembly".

• Appointment of statutory commission to report on "GOI 1919" working after 10 years.

The Governor General's/ Viceroy Of India overriding powers in respect of Central Legislation were retained as
follows

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• His prior sanction was required to introduce Bills relating to certain matters.

• He had Veto powers.

• He could make Ordinance.

• He had power of certifying Bill or any grant refused by Legislature.

Simon Commission

Nov. 1927- Seven-member committee under Chairmanship of Sir John Simon.

All members were Britishers-> Indians boycotted it.

Recommendation:♦Abolition of dyarchy. ♦Extension of responsible govt. in provinces. ♦Continuation of

communal electorate.

VI. Government of India Act 1935:-

Growing demand of constitutional reforms in India by Indian leaders.

• Act was based on:

1. Simon Commission report.

2. Recommendation of Round Table Conference(Nehru Report).

3. Joint selected committee report

• Longest Act enacted by British Parliament at that time.

• Act separated Burma from India & two new provinces of Sind & Orissa were created.

• Creation of an All India Federation (a group of states) : Federation was to consist of British India & Princely
States.Not compulsory for princely states.

• Introduced bicameralism in six (Bengal, Bombay, Madras, Assam, Bihar, United Provinces) out of 11 British
India Provinces.

• Apart from Governor General's power of veto, a Bill passed by the Central Legislature was also subjected to
Veto by the Crown.

• A federal railway authority established.

• Extended communal electorate for SC’s, Women & Labours.

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• Establishment of the Federal Public Service Commission (FPSC), a Provincial Public Service
Commission (PPSC) in each province, and the JPSC.

• Creation of the Federal Court in 1937.

• Due to the length of Government of India Act 1935, it was divided into 2 separate Acts

Act divided legislative powers between centre & provinces

1. The Legislature in the provinces were enlarged.

2. As per the Act, the powers were divided into Federal List, Provincial List and Concurrent List.

• Establishment of RBI

VII. Cripps Mission – 1942:-

• In the beginning of World War II British Forces had suffered Heavy Defeats at the hands of Japanese Army

• Japanese Forces Occupied Malaya and drove the British Troops from Malayan Peninsula. Their Aircraft
bombed Singapore & Had Invaded Hong Kong & Phillipines.

• Winston Churchili , British Government did not want to lose INDIA. So, they felt the necessity of revising and
softening their attitude towards demand of INDIAN'S Winston Churchili

• In Order to win over the sympathies of the Indian Masses & political parties during the 2nd World WarBritain
had to do something.

• In March 1942 Cripps Mission was sent to India under the leadership of Sir Stafford Cripps. Some of the
proposals given by the Cripps Mission are:-

1. Dominion status would be given to India, after the 2nd World War.

2. Once the Second World War ends, an elected body would be set up in India for framing of Indian Constitution.

3. Right to Secede(separate):- Cripps Mission 1942 Provinces unwilling to join the Indian Union could have a
separate Constitution and can form a separate Union.

4. Congress did not liked the Cripps Proposal as every proposal was to be fulfilled after the War.

5. During Lahore session Congress Changed its goal from Dominion Status to Poorna Swaraj.

6. Right to Secede (separate) this was not liked by the political party.

7. Almost all the Parties and sections in India rejected the proposals given by the Cripps Mission

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IX. Mountbatten Plan – Indian Independence Act – 1947:-

• 20 FEB 1947 HOUSE OF COMMONS ,British would quit India after transferring power into the responsible
hand not later than 3 June 1948.

•
August 1947.

• Partition of the provinces of Bengal and Punjab between the two new countries.

• A boundary commission was appointed for the partition of Bengal and Punjab- Sir Cyril Radcliff.

• Conferred (discussed) complete legislative authority to the constituent assembly.

• Established Governments in Both provinces & states

IX. Mountbatten Plan – Indian Independence Act – 1947

• 20 FEB 1947 HOUSE OF COMMONS, British would quit India after transferring power into the responsible
hand not later than 3 June 1948.

•
August 1947.

• Partition of the provinces of Bengal and Punjab between the two new countries.

• A boundary commission was appointed for the partition of Bengal and Punjab- Sir Cyril Radcliff.

• Conferred (discussed) complete legislative authority to the constituent assembly. • Established Governments
in Both provinces & states

X .1950: Adoption of the Indian Constitution:

• India adopted its own constitution on January 26, 1950, which came into effect, marking the country's
transition to a republic.

• Dr. Rajendra Prasad became the first President of the Republic of India.

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Composition and debates of Constituent Assembly

Composition:-

1. The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be allotted to British
India and 93 seats to the princely states. Out of 296 seats allotted to British India, 292 members were to be
drawn from the 11 governors’ provinces (Madras, Central Provinces, Bihar, Orissa, the United Provinces, the
Bombay Presidency, Assam, the North-West Frontier Province, Bengal, Punjab and Sind.) and four from the 4
Chief Commissioners’ provinces(Delhi ,Ajmer,Coorg,Baluchistan) one from each.

2. Seats were to be distributed proportionally to the population of each province and princely state (or group of
states in the event of tiny states). One seat was supposed to be allocated for every million people.

3. In accordance with their numbers, seats given to each British province were to be split among the three main
communities–Muslims, Sikhs, and General (all save Muslims and Sikhs).

4. Members of each community were to elect their representatives in the provincial legislative assembly, and
voting was to be done using the proportional representation method with a single transferable vote.

5. The princely states' representatives were to be chosen by the princely states' heads. As a result, it is apparent
that the Constituent Assembly was to be a body that was to be partially elected and partly appointed.
Furthermore, the members were to be elected indirectly by provincial assembly members, who were elected on
a limited franchise.

6. In July-August 1946, elections to the Constituent Assembly (for 296 seats apportioned to the British Indian
Provinces) were held. The Indian National Congress gained 208 seats, the Muslim League 73, and the
remaining 15 seats went to tiny groupings and independents. The 93 seats given to princely states, however,
were not filled because they chose to boycott the Constituent Assembly

Working Of the Constituent Assembly

• The first meeting of the Constituent Assembly took place on December 9, 1946 at New Delhi with Dr
Sachidananda Sinha being elected as the interim President of the Assembly.

• Later, Dr. Rajendra Prasad was elected as the President of the Assembly. Similarly, both H.C. Mookherjee V
and V.T. Krishnamachari were elected as the Vice-Presidents of the Assembly.

• Total 211 members attended the first meeting of Constituent assembly

Functions Performed by Constituent Assembly: Nurturing the Nation

• Making of the Constitution and enacting of ordinary laws

• Approved India’s membership of the Commonwealth(Nationality) in May 1949.

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• Adopted the National Flag on July 22, 1947.

• Adopted the National Anthem on January 24, 1950.

• Adopted the National Song on January 24, 1950.

• It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

OBJECTIVES RESOLUTION:-

• ‘Objectives Resolution’ was passed by Jawaharlal Nehru in the session of the constituent assembly. These
resolutions were some guiding principles that helped our leaders in drafting the Constitution of India.

These principles were-

• That India will be an Independent, Sovereign, Republic.

• It will be a democratic country

• It will ensure all citizens of justice, equality, and freedom

• It will safeguard the interests of minorities, tribes, and depressed classes

• It will work for world peace and the welfare of all mankind.

Meaning of debates in constituent assembly

• The debates and discussions held by the Constituent Assembly members during the process of drafting the
constitution of India are known as Constituent Assembly Debates or CADs.

• The Constituent Assembly sat for the first time on 9th December 1946. Over the next 2 years and 11 months,
the Assembly sat for a total of 167 days to frame the Indian Constitution. The final session of the Constituent
Assembly took place on 24th January 1950.

Constitution assembly Debates:-

The Constituent Assembly spent a total of about 165 days in framing the Constitution.

1. Clause by clause discussion was done for about 101 days where the members discussed the text of the
Constitution.

2. About 36 lakh words were spoken in all and Dr. B. R. Ambedkar had the distinction of having spoken the most
number of words.

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3. Fundamental rights, included in Part III, was debated for about 16 days, i.e., about 14% of the clause by clause
discussion.

4. The Directive Principles of State Policy (included in Part IV) was discussed for about 6 days (about 4%).

5. The concept of citizenship formed about 2% of the clause by clause discussion among the eminent members of
the Assembly. This was included in Part II

6. The members of the Drafting Committee had a higher share in the discussions since they frequently responded
to what other members had to say on various issues.

7. Altogether, women members contributed to about 2% of the discussions. - There were only 15 women
members in the Assembly and out of them, only 10 took part in the debates - Freedom fighter and Congress
member, G Durgabai, spoke the maximum number of words among women members.

8. Compared to members from the princely states who were nominated to the Assembly, the members from the
provinces took a more active part in the debates. - Members from provinces contributed to about 85% of the
discussions whereas princely states’ members contributed to about 6%

Major committees of Constituent Assembly:-

8 Major Committees of Constituent Assembly Chairman

1. Union Powers Committee Jawaharlal Nehru

2. Union Constitution Committee Jawaharlal Nehru
3. Provincial Constitution Committee Sardar Patel
4. Drafting Committee Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Sardar Vallabhai Patel
6. Rules of Procedure Committee Dr. Rajendra Prasad
7. States Committee (Committee for Negotiating with States) Jawaharlal Nehru
8. Steering Committee Chairman Dr. Rajendra Prasad

Minor Committees Of Constituent Assembly:-

Committees of Constituent Assembly Chairman

Finance and Staff Committee Dr. Rajendra Prasad

Credentials Committee Alladi Krishnaswami Ayyar

House Committee B. Pattabhi Sitaramayya

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Order of Business Committee Dr. K.M. Munshi

Ad-hoc Committee on the National Flag Dr. Rajendra Prasad

Committee on the Functions of the Constituent Assembly G.V. Mavalankar

Ad-hoc Committee on the Supreme Court S. Varadachari

Committee on Chief Commissioners’ Provinces B. Pattabhi Sitaramayya

Expert Committee on the Financial Provisions of the Union Constitution Nalini Ranjan Sarkar

Linguistic Provinces Commission S.K. Dar

Special Committee to Examine the Draft Constitution Jawaharlal Nehru

Press Gallery Committee Usha Nath Sen

Ad-hoc Committee on Citizenship S. Varadachari

Drafting Committee:-
• Drafting committee is a group of people who sit together to draft or frame a constitution.

• Drafting committee was formed with 7 members, under the chairmanship of Dr. B.R. Ambedkar along with a
constitutional advisor B N Rao

• The committee studied the constitutions of various countries and took the good features from every
constitution and included them in the Indian Constitution.

• The draft was prepared by February 1948.

Constitutions of India taken from various countries:-

• From U.K.-Nominal Head-President, Cabinet System of Ministers. Post of PM. Parliamentary Type of Govt.
Bicameral Parliament, Lower House more powerful. Council of Ministers responsible to Lower House,
Provision of Speaker in Lok Sabha

• From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court, Head
of the state known as president, Provision of states, Judicial review

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• From Australia- Concurrent List, Centre-State relationship, Language of the Preamble

• From USSR-Fundamental Duties, Five year plan

• From Germany- Emergency provisions

• From Japan-Law on which the Supreme Court functions

• From Canada-Federal System and Residuary powers

• From South Africa Procedure of constitutional amendment

• From Ireland-Concept of Directive Principles of state policy

A total of seven members made up the prominent Drafting Committee. These members are

• B.R. Ambedkar – Chairman

• Alladi Krishnaswami Ayyar

• K.M Munshi

• B.L. Mitter

• D.P. Khaitan

• Mohammad Saadulla

• N. Gopalaswami

Working Of Drafting Committee:-

• The Drafting Committee began analyzing the Draft Constitution submitted by the Constitutional Advisor, Sir
B. N. Rau (Sir Benegal Narsing Rau), in October 1947.

• The task of preparing the new constitution was assigned to the drafting committee.

• On August 29, 1947, a drafting committee was formed under the chairmanship of Dr. BR Ambedkar.

• The drafting committee published the first draft of the would-be constitution on 21st February 1948.

• The Indian people were given eight months to debate the document and offer revisions. After hearing the
feedback from the public, the necessary amendments were made and the following draft of the constitution was
published in October 1948.

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Chapter-5

Philosophy & Features of Indian Constitution.

Introduction:;-

• The Indian Constitution is a remarkable document that has had a profound impact on India and the world.

• A constitution means a document having a special legal sanctity which sets out the frame work & the principle
functions of the organs of the government of a state & declares the principles governing the operations of
those organs

• It declares the powers & duties of the government & guarantee certain rights to the people in it Organs :-

• Legislature :-the part that makes laws.

• Executive :- the part that carries out (executes) the laws

• Judiciary:- the courts that decide if the law has been broken.

Time line:-

In 1922 Mahathma Gandhi put forward the idea, That India's policy should be determined by Indian’s
themselves .

In 1934 M.N Roy first time put forward the idea of constitution assembly

In 1935, Indian National Congress demanded a constituent assembly to frame the constitution of India

(officially)

In 1938 Jawaharlal Nehru declared that Constitution Of Free India must be framed without outside
interference.

In 1940, the British Government accepted the demand of CA(Constituent Assembly)

In 1942,Cripps Mission, Sir Stafford Cripps, came to India with a proposal on the framing of an Independent
constitution,

In 1946, Cabinet Mission rejected idea of 2 CA but put forward schemes for CA which satisfied Muslim
league.

Constitution Assembly was constituted (created) in November 1946

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December 6th 1946 first meeting of the constituent assembly

December 11th 1946 Dr Rajendra Prasad elected as its president

August 29th 1947 Drafting committee appointed

November 4th 1947 draft constitution submitted

November 26 1949 drafting completed

January 24th 1950 the hand written constitution signed

Jan 26 1950 constitution legally enforced

Time taken to prepare the final draft is 2 years 11 months 18 days

Preamble :-
• It is derived from Latin word “PREAMBULUS”(introduction)

• A statement made in the beginning of something can be termed as preamble

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 HERE BY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Key words in the Preamble

We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the
independent authority of the State, not being subject to the control of any other State or external power.

Sovereign :- Sovereign means India is not dependent on or dominion of any country. It has a free government,
which is directly elected by the people and make laws that govern the people.

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Socialist:- Indian socialism is 'democratic socialism' which holds faith in a 'mixed economy', where both public
and private sectors co-exist. Democratic socialism aims to end poverty, ignorance and inequality of opportunities.

Secular:-The Indian Constitution represents the concept of secularism i.e., all religions in our country have the
same status and support from the state, irrespective of their strength.

Democratic1:- The term implies that the Constitution of India has an established form of Constitution which gets
its authority from the will of the people expressed in an election.

Republic:- The term 'republic' in our preamble indicates that the head of the state is always elected directly or
indirectly for a fixed period. India's elected head is the president, who is elected indirectly for a fixed period of five
years.

Objectives:-

☺Justice (equal treatment for all)

☺Equality (everyone treated equally)

☺Liberty (freedom)

☺Fraternity (single citizenship)

Unitary system is composed of one central government that holds all the power.

Federal system divides power between national and local forms of government. India is a federal country.

Features of constitution:-

1. Preamble: The Constitution begins with a preamble that outlines the ideas and objectives of the
Constitution, such as justice, liberty, equality, and fraternity.

2. Lengthiest Written Constitution:-There are two types of constitutions: written (like the American
Constitution) and unwritten (like the British Constitution). The Indian Constitution holds the title of being
the world’s longest and most comprehensive constitution to date.

3. Rigid and Flexible Constitution: The Constitution of India combines the rigid and flexible methods of
amendment. It is partly rigid and partly flexible. This has been achieved

4. Federal Structure with Unitary Bias: India has a federal structure with a division of powers between the
central government and the states. However, in certain circumstances, the Constitution allows for a unitary
form of government.

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5. Fundamental Rights: The Constitution guarantees fundamental rights to all citizens, including the right to
equality, freedom of speech and expression, right to life, and protection against discrimination.

6. Fundamental Duties: Added through the 42nd Amendment in 1976, fundamental duties are a set of moral
obligations for citizens to uphold the unity and integrity of the country.

7. Separation of Powers: The Constitution provides for the separation of powers among the legislature,
executive, and judiciary to prevent any one organ from acquiring arbitrary power.

8. Universal Adult Franchise: The Constitution grants the right to vote to all citizens above the age of 18,
irrespective of caste, belief, religion, or gender.

9. Reservation Policy: To address historical social and economic inequalities, the Constitution provides for
the reservation of seats in educational institutions and government jobs for Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs).

10. Drawn from Various Sources:-The Constitution of India has borrowed most of its provisions from the
constitutions of various other countries as well as from the Government of India Act of 1935 [About 250
provisions of the 1935 Act have been included in the Constitution].

Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all
the known Constitutions of the world’.

Contribution of Dr. B R Ambedkar in making Indian constitution:-

Chairmanship of the Drafting Committee: Dr. Ambedkar was appointed as the Chairman of the Drafting
Committee of the Constituent Assembly in 1947. This committee was responsible for framing the Constitution
of India.

Principal Architect(planner) of the Constitution: Dr. Ambedkar is often acknowledged as the principal
architect of the Indian Constitution. His deep understanding of constitutional law, political philosophy, and
social issues made him a key figure in shaping the constitutional framework

Incorporation of Fundamental Rights: Dr. Ambedkar emphasized the need for fundamental rights to
safeguard individual liberties. He played a significant role in the inclusion of a comprehensive set of
fundamental rights in the Constitution.

Champion of Social Justice: As a prominent supporter for the rights of sidelined and troubled communities,
particularly the Scheduled Castes (Dalit's), Dr. Ambedkar ensured that the Constitution reflected principles of
social justice. He worked to eliminate untouchability and promote equality.

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Drafting of Directive Principles: Dr. Ambedkar played a key role in the formulation of the Directive
Principles of State Policy. These principles guide the state in matters related to social and economic justice and
were designed to promote the welfare of all sections of society.

Uniform Civil Code and Social Reforms: Dr. Ambedkar supported for a Uniform Civil Code to promote
gender equality and social justice. He also championed social reforms and the eradication of caste-based
discrimination.

Drafting a Secular Constitution: Dr. Ambedkar was committed to the idea of a secular state. The
Constitution reflects his vision of a nation that ensures freedom of religion and equal treatment for all citizens,
regardless of their faith.

Efforts to Address Minority Concerns: Dr. Ambedkar worked to address the concerns of religious and
linguistic minorities. Provisions were made in the Constitution to protect their rights and interests.

Contribution to Debates and Discussions: Dr. Ambedkar actively participated in debates and discussions
within the Constituent Assembly, defending his views on various issues. His speeches and interventions during
the debates are considered crucial in shaping the final constitutional text.

Commitment to Democracy: Dr. Ambedkar was committed to the principles of democracy and constitutional
governance. He played a key role in defining the structure of the Indian state and the distribution of powers
among different branches of government.

Dr. B.R. Ambedkar legacy in the framing of the Indian Constitution is significant, and his efforts toward ensuring
justice, equality, and the protection of individual rights continue to influence the democratic ethos of the nation.

Contribution of Pandit Jawaharlal Nehru in making Indian constitution:-

Leadership in the Independence Movement: Nehru was a prominent figure in the Indian independence
movement and played a crucial role in the struggle against British colonial rule. His leadership and
commitment to the cause of independence were instrumental in shaping the political landscape.

Vision of a Democratic and Secular India: Nehru had a vision of India as a democratic and secular nation. His
commitment to democratic principles and the idea of a secular state is reflected in the Preamble of the Indian
Constitution.

The Objectives Resolution: Nehru moved the historic "Objectives Resolution" in the Constituent Assembly on
January 22, 1947. This resolution laid down the foundational principles that would guide the drafting of the
Constitution, including justice, liberty, equality, and fraternity.

Advocacy for Socialism and Economic Planning: Nehru was an advocate of socialism and economic
planning. His ideas influenced the incorporation of socialist principles in the Directive Principles of State
Policy in the Constitution.

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Establishment of Planning Commission: Nehru played a key role in establishing the Planning Commission in
1950, which was responsible for formulating plans for economic development and social justice. This laid the
groundwork for India's planned economic development.

Industrialization and Infrastructure Development: Nehru’s emphasis on industrialization and infrastructure

development aimed to modernize the Indian economy. Initiatives such as the establishment of public sector
industries and the creation of the Bhakra Nangal Dam were part of this vision.

Initiatives in Education: Nehru focused on promoting education as a means of national development. His
government worked on expanding educational infrastructure and access, including the establishment of the
University Grants Commission (UGC).

Jawaharlal Nehru's contributions to the making of India were diverse and influential, shaping the country's vision
of a democratic, secular, and socialist India continues to influence the nation's trajectory

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Chapter-6

Working of the constitution

Fundamental Rights

A) Right to equality(14-18)

1. Article 14 Equality Before Law: The Constitution as per this Article makes it clear that the State cannot deny
equality before law and equal protection of law to its citizens. This act upholds the rule of law in the country.

Equality before law means

• That no one is above the law and all are equal in the eyes of political law.

• It also implies that every person has equal opportunity to sue in courts

Similarly, equal protection of law means equal punishment of two different classes of persons who have committed
the same crime

2. Article 15 Prohibition of Discrimination: This Article of the Constitution prohibits discrimination on the
basis of place of birth, race. Caste, sex, religion. Any person to public places like shop, school college, movie
theater on the basis mentioned earlier.

3. Article 16 Equality of Opportunity: This Article of the Constitution provides equal opportunity to citizens
of India to hold public office or service. It has promised that in the appointment of public Le. government posts,
superiority will be based without discrimination on the basis of birth, sex, caste and religion..

4. Article 17 Abolition of untouchability: According to this article the obscurity prevailing in Indian society
since ancient times is abolished and the observance of obscurity in any form is prohibited. In India, the ambiguity
that was followed with the feeling of upper-lower, lap-mile was a hindrance to social equality.

5. Article 18 Abolition of Titles: Before independence, British government used to give titles like Rao Saheb,
Rao Bahadur etc. to some citizens Such action of the government increased the possibility of creating an artificial
gap between citizens and threatening social equality .Article 18 talks about the abolition of titles. It says: No title,
not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any
title from any foreign State.

B) Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution
guarantees freedom to citizens. The freedom right includes many rights such as:

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• Freedom of Speech & Expression

• Freedom of Movement.

• Freedom of Assembly without arms

• Freedom of Association

• Freedom to Practice any profession

• Freedom to Reside in any part of the country

1. Guarantee of various 6 freedoms in the article As Per Article 19:-

A. Freedom of Speech and Expression: This freedom gives freedom to all citizens of India to express their ideas,
opinions and beliefs. This freedom includes individual expression in the form of speech, writing, visual art
etc...

B. Freedom of Assembly: This freedom allows citizens of India to assemble peacefully and unarmed. It also
allows for public meeting. procession or demonstration.

C. Freedom of association: This freedom allows the citizens of India to form various associations or cooperatives
to protect their interests, Citizens have got the opportunity to form and continuously maintain these political
parties, clubs, companies, labors associations, etc.

D. Freedom of Movement: This freedom allows the citizens of India to move freely throughout the territory of

India. A citizen enjoys freedom of movement from one state to another and from one state to another within the
Union of India. This freedom helped to eradicate the isolation and create a strong nationalism among the citizens
of different parts of the Indian Union.

E. Freedom of Residence: Under this freedom, Indian citizens are allowed to settle in any part of India. This
enables citizens to have their permanent place of residence in one place and temporary place of residence
elsewhere. Freedom of residence helps in creating nationalism by removing the regional and political linguistic
narrowness among the citizens of the country

F. Freedom of profession or occupation: This freedom allows citizens to pursue a profession as they see fit.
Freedom of occupation is broad and allows a citizen to earn his living through any trade, business or activity
But the government may prescribe specific qualifications for certain professions Besides, professions harmful
to public interest like child selling, drug selling, ammunition trading etc will be restricted by government

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2. Article 20 Protection against Punishment of Offenses: This Article of the Constitution provides protection to
the accused citizen or foreign national against illogical or excessive punishment. The defense against this
punishment gives the accused the following three opportunities.

• That Punishment should be imposed only in case of offence as per the law in force and no more
punishment than that prescribed by the law in force can be imposed.

•
has committed a crime cannot be compelled to testify to his crime.

Article 21 Guarantee of right to life and liberty of the individual: Under this Article of the Constitution every
person in India i.e. citizens and foreigners are guaranteed life and liberty. The courts have recognized innovative
rights such as health, housing, privacy, foreign travel, speedy justice, free legal aid, freedom from violence in
custody, pollution-free environment etc. under the right to life and liberty.

Article 22 Protection against arrest and restraining order: Under this Article of the Constitution certain
protections are provided to a person arrested. This section provides that a person who is arrested under the common
law shall know the reason for the arrest, the arrested person to have a lawyer on his behalf. provide an opportunity to
be produced before a judge within 24 hours excluding travel time and to be released after 24 hours if the judge does
not extend the detention.

C. Right against Exploitation (Articles 23 and 24):

1. Article 23 Prohibition of Human Trafficking and Forced Labor: This Article of the Constitution prohibits
the sale or purchase of any man, woman or child as commodities. Article 23 prohibits forced labor against a
person's will, similar to beggar and which is a form of bonded labor

2. Article 24 Prohibition of Child Labor: This Article of the Constitution prohibits the employment of children
below the age of 14 years in hazardous work such as industry, mining, construction, railways etc. It also prohibits
recruitment of youth between the ages of 14 and 18 in certain hazardous occupations and activities. Along with this,
severe penalties have been added to those who practice child labor.

D. Right to Freedom of Religion (Articles 25 to 28):

1. Article 25 Freedom of Religion, Observance and Propagation: According to this article of the constitution
every citizen has the freedom to believe in the religion he thinks fit, to follow the worship, festival, celebration,
symbols of that religion and to propagate it to others.

2. Article 26 Freedom to carry on religious affairs: Under this Article of the Constitution citizens of India have
been given the right to establish and run religious or charitable institutions. The institutions thus established are
given the freedom to carry out their own activities in relation to religious matters, to have their own immovable
property and heritage and to conduct religious institutions in accordance with the laws in force

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3. Article 27 Freedom to Impose Religious Tax: This Article of the Constitution gives Indian citizens the
freedom not to allow the growth or maintenance of any religion. Even the government cannot use the tax money of
the citizens for the development or maintenance of private religion. But fees can be charged from devotees for
administration of religion or religious places

4. Article 28 Freedom from Religious Teaching in Educational Institutions: The Constitution prohibits religious
teaching in state-controlled educational institutions. Also state-recognised Religious teaching in statefunded
educational institutions is equally and politically voluntary. But there is no restriction on religious instruction in
educational institutions run by religious institutions under state administration.

E. Cultural and Educational Right (Articles 29 and 30) 31st Right has been abolished:

1. Article 29 Protection of Minority Interests: This Article of the Constitution. has been adopted by the people
residing in any part of India and belonging to any caste to protect their distinctive language, script and culture. It
further said that

2. Article 30 Minorities to establish and maintain educational institutions:Under this Article of its
constitution, religious and linguistic minorities in India have got right to establish and maintain educational
institutions of their choice.

Government cannot discriminate against minority educational institutions while allocating grants. Also, the
government cannot compromise the nature of minority educational institutions

Note: Part 3 of the original constitution gave 7 fundamental rights to the citizens 19 [1] and Article 31 of the
Constitution defined the right to property as a fundamental right.. Finally in 1978 the night to property was
abolished as part of fundamental rights by the 44th Amendment

F. Right to constitutional remedy: (Article 32)

The Indian Constitution makers have provided the night of protection to the citizens in case of violation of the
various fundamental rights provided in the third part under Article 32, that is the right of constitutional remedy,
especially the right of constitutional remedy provided to prevent the effective implementation of fundamental rights
and political violation is also a fondamental right. So Dr B. R. Ambedkar called Article 32 the heart and soul of the
Indian Constitution. That. A person for the enforcement of his fundamental rights when they are violated

It provides for the right to file a suit in the Supreme Court. That The Supreme Court is empowered to issue a
direction, order or writ for the enforcement of any fundamental right. The writs issued by the Supreme Court are
writs of arrest, writs of mandamus, prohibition, anticipatory and political power expenditure,

Note: Articles 33, 34 and 35 of the Constitution contain some special provisions regarding fundamental rights.

Brief information about it is given below.

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[1] Parliament is empowered under Article 33 of the Constitution to abridge or restrict the fundamental right of
the armed forces by making an Act Sainik Dal consists of all three divisions of soldiers, six paramilitary forces.
police, intelligence forces. No case can be filed against this body in any court for violation of fundamental rights.

[2] Article 34 of the Constitution allows restriction of fundamental rights in any part of India where martial
(military) law is in force.

[3] Article 35 of the Constitution empowers Parliament to make laws supplementing the unique fundamental
rights. Accordingly Parliament has tried to protect fundamental rights through laws like Protection of Civil Rights
Act, Prohibition of Child Labor Act, and Prohibition of Servitude Act

Features of fundamental rights

1) You Can Express Yourself: These rights often give you the freedom to express yourself. You can speak your
mind, share your opinions, and even protest peacefully if you disagree with something.

2) Everybody is Equal: These rights make sure that everyone is treated fairly. Nobody should be treated
differently because of things like their race, gender, or religion.

3) You Can Defend Your Rights in Court: If someone tries to take away your special rights, you can go to
court. The court can make sure you get your rights back and that things are fair.

4) You Can Enjoy Your Privacy: Fundamental rights often include the right to keep your personal life private.
This means others can't snoop around in your business without a good reason.

5) You Can Believe What You Want: These rights often protect your freedom to believe in any religion or none
at all. You can have your own thoughts and ideas without being forced to believe something.

6) No Unfair Punishment: If you make a mistake, the punishment has to fit the crime. Fundamental rights make
sure you aren't punished too harshly or in a way that's really unfair.

7) Rights are for Everyone, Everywhere: Fundamental rights aren't just for some people or certain places.
They're for everyone, no matter where you are or who you are.

CRITICISM of Fundamental rights

1. The list of Fundamental Rights included in our constitution is not complete. It does not contain the right to
work, right leisure, right to free education. The commissions are significant but the constitution makers were
helpless due to the circumstance at that time.

2. Another criticism is that the constitution has played a trick with the citizens. What it gives with one hand, it
takes away with the other. Too many restrictions have been laid on the enjoyment of Fundamental Rights.

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3. In emergency times the Fundamental Rights can be suspended. The emergency powers of the president to
suspend fundamental Rights can lead to dictatorship. Other democratic constitutions of the world also have
provisions relating to emergency and suspension of fundamental rights.

4. It is also said that language used in articles dealing with fundamental rights is such that cannot be understood
by ordinary citizens.

5. Some critics feel that rights benefit only a few in the country, mainly the rich. The constitution makes no
difference between rich and the poor; but in practice the poor are unable to fight for their rights as they do not
have money to go to court. The rich people had capacity to go to court, they are able to stand up for their
rights.

IIIrd part of the constitution contains fundamental rights.

Idea of Incorporating of FR’s borrowed from USA

Constitution empowers the power of enforcement of FR’s to SUPREME COURT

Union (Center)-State Relations

1. Legislative Relations between the Centre and States

Introduction :

The Essence of Federal Government is the division of powers between Central Government and State
Governments. Within their sphere both Central and State Governments is Supreme and co- ordinate. If conflicts
arise between the two Governments they are adjudicated (resolved) by Supreme Court

• The 7th Schedule of Indian Constitution has three lists namely, the Union list, state list, and concurrent list that
show the division of power between the Union and States concerning certain subjects. The Union List has a
total of 97 subjects, the State List has 66 subjects, and the Concurrent List has 47 Subjects.

• The union list now has 100 subjects, the State list has 61 subjects, and the Concurrent List has 52 subjects
summarized under it.

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• Although the states have the exclusive power of law making over every subject in the State List, but there
some exceptions to this rule.

1. Power of Parliament to legislate with Respect to any matter in the State List in the National interest.
(Article 249)

Article 249 says that, if the Raj-Sabha, the upper house of the Indian Parliament declares by passing a resolution,
with the support of two thirds of the members present and voting, that it is necessary in the national interest that
parliament should make laws on any subject embodied in the State List. Then, Parliament can make laws on the
subject of state list. Such resolution remains valid for one year, for further continuation another resolution may be
passed.

2. Power of Parliament to legislate with Respect to any matter in the State List if a Proclamation of
Emergency is in operation (Article 250):- Under the Article 250 while the Declaration of emergency is made by
the President, Parliament has the power to legislate on State Subject.

3) Power of Parliament to legislate for two or more states by consent:- According to article 252, two or more
State Legislatures by passing a resolution may ask Parliament to make laws on any matter in the State List.

4) Legislation for giving effect to international Agreements:- According to Article 253 parliament has power
to make law for the whole country for implementing any treaty with any other country. This provision entitles the

Parliament to legislate even in respect of those Subjects which are included in the State List

5. Power of Parliament to legislate for states in case of Failure of Constitutional Machinery –

According to Article 356 if the president declare emergency in any state; and if State Legislature is dissolved
during that period parliament will make Laws, on Subjects in the State List.

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Administrative relations between the union(Central) & the states

• The constitution of India has made an attempt for bringing harmonious relationship between center & states.
Framers of constitution included detailed provisions to avoid clashes between union & states in administrative
field.

Articles:-

Article 256:- States are expected to comply with the laws of the parliament.

Article 257 :- States can not impede the executive powers of the union

Article 262:- all disputes between states regarding the use, distribution or control of water are decided by the
center

Financial Relations
1) Taxes which are given exclusively to the Centre :1) Customs and Export duties, tax ,2) Income tax 3)
Income from Railways and Postal department,4) Excise duty on tobacco, Jute, Cotton, 5) Estate duty, 6)
corporation tax, 7) Surcharge on income tax etc.

2) Taxes which are given Exclusively to the states : 1) Land revenue, 2) Tax on agricultural income; 3) Taxes
on vehicles, roads, animals, boats, 4) Taxes on electricity, 5) Toll Tax, 6) Taxes on Professions, 7) Duties on
alcoholic liquors, 8) Taxes on goods and passengers carried by roads etc.,

3) Taxes Levied and Collected by the Centre but assigned(given) to the states (A-269)

a) Succession and Estate duties on Property other than agricultural land;

b) Taxes on railway fares and frights;

c) Terminal taxes on goods or Passengers carried by railway, sea or air;

d) Taxes on sale and purchase of news papers and advertisements published there in etc.

e) Taxes on stamp duties on transactions in stock exchanges.

Duties levied by the Centre but collected and appropriated(taken) by the States:

Stamp duties and duties on excise on medical and toilet preparations are levied by the Centre but are collected and
appropriated by the states.

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Article 263: Inter-State Council

Provisions (requirement): Article 263 of the Indian Constitution provides that if it appears to the President that
the public interests would be served by the establishment of an Inter-State Council for better coordination
between states and between the Union and states, he may establish such a Council.

Purpose (resolve): The primary purpose of the Inter-State Council is to inquire into and advise upon disputes
and complaints that may arise between states, or between the Union and one or more states. It also makes
recommendations on any subject of common interest in the field of legislation and administration.

Composition (structure): The Inter-State Council is typically chaired by the Prime Minister and includes Chief
Ministers of all states, Chief Ministers of Union Territories with Legislative Assemblies, Governors of states
without Legislative Assemblies, and administrators of Union Territories without Legislative Assemblies.

Inter-State Disputes and Supreme Court Jurisdiction (Article 131):

1. Adjudication (judgement) by Supreme Court: Article 131 confers exclusive jurisdiction on the Supreme
Court to adjudicate on disputes between states or between the Union and one or more states. This includes
disputes related to trade, commerce, or any other matter.

2. Original Jurisdiction (power): The Supreme Court exercises its original jurisdiction in such cases, meaning
that disputes can be directly filed before the Supreme Court, bypassing lower courts.

3. Trade and Commerce (Article 301 to 307):

• Article 301 - Freedom of Trade, Commerce, and Intercourse: Article 301 states that trade, commerce, and
intercourse throughout the territory of India shall be free.

Restrictions on Trade (Article 302 to 305):

• Article 302: Allows the Parliament to impose restrictions on freedom of trade and commerce for reasons
related to the public interest.

• Article 303: Certain restrictions on legislative powers concerning trade and commerce are prohibited.

• Article 304: Allows states to impose restrictions on trade for a limited period, subject to certain conditions.

• Article 305: Grants immunity to laws inconsistent with the freedom of trade, commerce, and intercourse.

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Amendments :-

• An amendment is a formal change or addition made to a law, document, or constitution. The purpose of an
amendment is to modify or update the existing text to reflect new circumstances, address shortcomings(faults),
or make improvements.

Amendment Procedure

1) Introduction of Amendment: An amendment to the Constitution can be initiated only by the introduction of a
bill in either House of Parliament. It can be introduced in either the Lok Sabha (House of the People) or the
Rajya Sabha (Council of States).

2) Approval by Parliament: The amendment bill must be passed by both Houses of Parliament by a special
majority. A special majority is required, which means that the amendment must be supported by a majority of
the total membership of each house and by a two-thirds majority of the members present and voting.

3) No Role of President's Veto (rejection): Unlike ordinary bills, the President has no veto power regarding
constitutional amendments. If both Houses pass the amendment bill with the required majority, it is presented
to the President for assent.

4) President's Assent: The President gives their assent to the amendment bill. The President's role is largely
formal in this process. The President cannot refuse to give assent to a constitutional amendment.

Important amendments:-

24th Constitutional amendment act (1971):

Affirmed(stated)the power of Parliament to amend any part of the constitution including Fundamental Rights.
Made it compulsory for the president to give consent to the constitution amendments bill. It came into force on 5
November 1971.

The 42nd Amendment(1976):-

Changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular
democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".

The 44nd Amendment(1978):-

It is the act passed by the government in the year 1978 to revoke(cancel) Some amendments made under the 42
amendment act, 1976. The 44th Amendment Act 1978 also safeguards people against the tendency of the majority
to make rights in the future (right to property from the list of fundamental rights).

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The 73rd Amendment(1992):-

It was passed by the Indian Parliament in 1992, and it is also known as the Panchayat Raj Act. This amendment
aimed to reorganize power and decision-making from the central and state governments to the local Panchayats,
and empower them to undertake development works in their respective areas.

The 74th Constitutional Amendment Act, 1992:-

It came into effect on 1 June 1993, introduced Part IX A (the Municipalities) which deals with the issues relating to
municipalities. The Act provided constitutional status to the Urban Local Bodies (ULBs).

The 76th Amendment (1994):

The policy of reservation of seats in Educational Institutions and reservation of appointments of posts in public
services for Backward Classes, Scheduled Castes and Scheduled Tribes has had a long history in Tamil Nadu

The 77th Amendment (1995):-

It was presented in the Lok Sabha. This Act aimed at extending reservations for promotions in jobs for the
Scheduled Castes and Scheduled Tribes (SCs and STs).

The 86th Amendment (2002):-

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may, by law, determine.".

The 91st amendment (2003):-

It states that the total number of ministers, including the Prime Minister, in the Council of Ministers shall not
exceed 15% of the total strength of the Lok Sabha(543 seats).

Parliamentary committees:-

• A parliamentary committee is a group of members from a parliament or legislative body assigned to focus on
specific tasks, such as reviewing laws, investigating issues, or overseeing government activities.

• A committee can be called a Parliamentary committee if it is appointed or elected by the house or nominated
by the Speaker or the Chairman.

Parliamentary Committees are of two kinds.

Standing Committees- Permanent and regular committees which are constituted from time to time and their
work goes on, more or less, on a continuous basis.

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Ad hoc Committees- Appointed for a specific purpose and they cease to exist when they finish the task
assigned to them and submit a report. After the work this committee will be dissolved

Standing Committees- it is classified into two types :-

• Financial standing committees (FSC)

• Department related standing committees (DRSC)

Financial standing committees (FSC)

• Public Accounts Committee (PAC):

– Function: Examines the audit reports of the Comptroller(accountant)and Auditor General (CAG) related to
government expenditures.

– Composition: Members from both Lok Sabha and Rajya Sabha.

• Estimates Committee:

– Function: Examines the estimates included in the annual budget and suggests economies in public
expenditure.

– Composition: Members from Lok Sabha.

• Committee on Public Undertakings (COPU):

– Function: Examines the reports of the Comptroller and Auditor General (CAG) on public undertakings.

– Composition: Members from both Lok Sabha and Rajya Sabha.

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Departmental standing committees:-

• Meaning of departmental standing committees

A committee comprising parliament members constituted through proper acts of Parliament for guiding and
overlooking the executive branch is called a departmental standing committee.

There are 24 Departmentally Related Standing Committees covering under their jurisdiction all the Ministries/
Departments of the Government of India.

Each of these Committees consists of 31 Members - 21 from Lok Sabha and 10 from Rajya Sabha to be
nominated by the Speaker, Lok Sabha and the Chairman, Rajya Sabha, respectively. The term of Office of these

Committees does not exceed one year. The names of the 24 Committees are as under: -

1. Committee on Commerce

2. Committee on Home Affairs

3. Committee on Education, Women, Children, Youth and Sports

4. Committee on Industry

5. Committee on Science & Technology, Environment, Forest and Climate Change

6. Committee on Transport, Tourism and Culture

7. Committee on Health and Family Welfare

8. Committee on Personnel, Public Grievances, Law and Justice

9. Committee on Agriculture, Animal Husbandry and Food Processing

10. Committee on Communications and Information Technology

11. Committee on Defence

12. Committee on Energy

13. Committee on External Affairs

14. Committee on Finance

15. Committee on Consumer Affairs, Food and Public Distribution

16. Committee on Labour, Textiles and Skill Development

17. Committee on Petroleum and Natural Gas

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18. Committee on Railways

19. Committee on Housing and Urban Affairs

20. Committee on Water Resources

21. Committee on Chemicals and Fertilizers

22. Committee on Rural Development and Panchayati Raj

23. Committee on Coal, Mines and Steel

24. Committee on Social Justice and Empowerment

AD hoc Committee:-
1. Inquiry Committees are constituted from time to time, either by the two Houses on a motion adopted in that
behalf, or by the Speaker / Chairman, to inquire into and report on specific subjects.

• Committee on Draft Five-Year Plan

• Committee on Members of Parliament Local Area Development Scheme (MPLADS)

• Joint Committee on Fertilizer Pricing

• Joint Committee to Enquire into Irregularities in Securities and Banking Transactions

• Joint Committee on Security in Parliament Complex

• Committee on Food Management in Parliament House Complex

• Joint Committee on Maintenance of Heritage Character and Development of Parliament House

• Complex Committee on Violation of Protocol Norms and Contemptuous Behaviour of Government Officers
with Members of Lok Sabha

• Joint Committee to Examine Matters Relating to Allocation and Pricing of Telecom Licenses and Spectrum

2. Advisory Committees
These committees are distinguishable from the other ad hoc committees in as much as they are concerned with
bills and the procedure to be followed by them is laid down in the Rules of Procedure and the Directions by the
Speaker / Chairman.
When a Bill comes up before a House for general discussion, it is open to that House to refer it to a Select
Committee of the House or a Joint Committee of the two Houses.
A motion to this effect has to be moved and adopted in the House in which the Bill comes up for consideration.

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Chapter-7
Parliamentary & Constitutional Institutions.

The PRESIDENT of India:-

ARTICLE 52

The Indian President is the head of the state and he is also called the first citizen of India. He is a part of Union

Executive along with the Vice- President, Prime Minister, Council of Ministers, and Attorney-General of India

President :- Droupadi Murmu

Election:

The President is elected by an electoral college, which consists of elected members of both houses of Parliament
(Lok Sabha and Rajya Sabha), as well as elected members of the Legislative Assemblies of States and Union
territories. The election is conducted through a single transferable vote system.

Qualifications: To be eligible for the office of the President, a person must be:

• A citizen of India.

• At least 35 years old.

• Eligible to be a member of the Lok Sabha.

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• He must not hold any office of profit under Government of India, Government of any State , Any local
authority controlled by any of the said Governments.

Who does not take part in the President's elections

• Nominated Members of Rajya Sabha (12)

• Nominated Members of State Legislative Assemblies

• Members of Legislative Councils (Both elected and nominated) in bicameral legislatures (a legislature with
two houses.)

• Nominated Members of union territories of Delhi and Puducherry

Term: The term of the President is five years. However, a President can be re-elected for a second term.

Method of Removal(impeachment ): The President can be removed from office through impeachment. The process
involves charges of violation of the Constitution, which must be approved by a special majority in both houses of
Parliament. The President can also resign before the completion of the term.

Salary of President of India:

The Salary of President of India is 5 Lakh(equivalent to 5.9 lakh in 2023) according to India's Union budget.

President's office be vacant:

• When the President of India completes his term of five years in the office

• If the President resigns by putting forward his resignation to the Vice-President of India If Lok Sabha/Rajya

Sabha initiates an impeachment charge and they stand valid he is removed

• If he dies in the office

• If the Supreme Court declares his election invalid

Powers & functions Of President:-

1. EXECUTIVE POWERS –

To appoint the PM

To distribute the portfolios

To appoint the Governor of State

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To appoint the Attorney General

To appoint Comptroller and Auditor General

Commission and Official Commission

To appoint special officer for SC and ST

2. MILITARY POWERS

The President is the Supreme Commander of the Defense forces of the Country.

He appoints the heads of the Army, Navy and Air Force.

He has powers to declare war and peace.

3. DIPLOMATIC POWERS :-

ts are negotiated concluded in the name of the President through subject

to ratification by Parliament.

4. LEGISLATIVE POWERS

He has power to summon and dissolve the Lower House.

All the bills after being passed by both the houses of the Parliament receive the assent of the President to
become Law.

contribution.

He nominates 2 Anglo- Indian members to the Lok Sabha

He summons the join session in case of disagreement

Money bill can be introduced only with President's sanction.

5. JUDICIAL POWERS

President appoints the Chief Justice of India and other judges of SC and HC.

He dismisses the judge.

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The president has ordinance - making powers.

The president has power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit
or commute the sentence of any person convicted of any offence.

6. FINANCIAL POWERS

Signing the annual budget before the Parliament,

Recommendation of the finance commission,

Charge on contingency fund,

Sanctioning the money bill.

7. Emergency Powers :

The Indian constitution gives very wide powers to the president to meet out emergency.

Article 352 to 360 of the institution provides three kinds of emergency powers to the president.

a) National Emergency (Article 352):

• A National Emergency can be declared when there is a threat to the security of India by war or external
aggression.

• The declaration of a National Emergency must be approved by the President and can be cancelled by a
following declaration.

b) State Emergency (President's Rule - Article 356):

• President's Rule, also known as State Emergency, can be imposed in a state if the President is satisfied that the
government in the state cannot be carried on in accordance with the provisions of the Constitution.

• This can happen due to the failure of the constitutional machinery in the state, as reported by the Governor.

• The President's Rule is not a permanent takeover but a temporary measure until normality is restored. c)
Financial Emergency (Article 360):

• A Financial Emergency can be declared when the financial stability or credit of India or any part of its territory
is threatened.

• This provision has never been invoked in India to date.

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VICE-PRESIDENT OF INDIA :-
Vice-President is elected by the members of both the Houses of Parliament.

Vice President:- JAGDEEP DHANAKAR

Election:- will be held in accordance with the system of proportional representation by means of single
transferable vote system.

Eligibility for this office are;

1) He must be citizen of India,

2) He should have completed 35 years of age.

3) He should not hold any office of profit.

The Vice-President of India holds office for a period of five years.

He may resign, or he can be removed from office if a resolution to that effect passed by the Rajya-sabha and
agreed by Lok-Sabha.

Functions of Vice-President:

• He invites the members to speak on the Bill, at the end of discussion he allows the members to vote on it. If

House divides equally, he exercises casting vote. No Bill is considered as passed unless he signs

• He can ask any member to leave the House if he behaves in-disciplined

• No member can address the House without his permission.

• Vice-President acts as the President when the President is unable to discharge his functions. In event of any
occurrence of vacancy in the office of the President by reason of death, resignation or impeachment, Vice-
President acts as a President, until a new President is elected within six months.

• Parliament has passed an Act, the Chief Justice or the Senior Judge of the Supreme Court, has to discharge the
functions of the President; if both the President and Vice- President are unable to discharge their functions.

Salary of Vice-President of India:-

The current salary of the Vice-President of India is Rs 2,38,385 to Rs 2,48,026/month in 2023.

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Prime Minister
Indian Constitution states about the Prime Minister in Article 75. Head of the government

Prime Minister:- Sri Narendra Modi

Appointment:-

There would be a Prime Minister of the country who would be appointed by the President and chosen by the
people of India through General Elections. He is thus the people's representative. Prime Minister is the head of the
Cabinet. He along with the Council of Ministers forms the executive power at the Center.

In short while the President is referred to as the head of the State, the Prime Minister is called the head of the

Government

• Salary of Prime Minister of India:- The Prime Minister of India receives an annual salary of 19,20,000 INR,
with a monthly salary of 1,60,000 INR Powers & Functions of Prime Minister

1. Head of the Government: The Prime Minister is the head of the government and holds the highest executive
office in the country.

2. Leader of the Cabinet: The Prime Minister is the leader of the Cabinet of Ministers. They play a pivotal role
in the formation of the Cabinet, the allocation of portfolios, and the management of government policies.

3. Principal Advisor to the President: The Prime Minister is the principal advisor to the President of India.
They communicate to the President about decisions taken by the Cabinet and other important matters.

4. Policy Formulation and Decision-Making: The Prime Minister plays a central role in formulating
government policies and making key decisions. They provide direction to the government and set the agenda
for governance.

5. Foreign Affairs and Diplomacy: The Prime Minister represents India in international forums and formulates
the country's foreign policy. They often engage in diplomatic activities and bilateral or multilateral
negotiations.

6. Parliamentary Leadership: The Prime Minister is a member of the Lok Sabha (House of the People) and is
responsible for leading the government in the lower house of Parliament. They participate in debates, answer
questions, and engage in legislative activities.

7. Crisis Management: During times of national crisis or emergencies, the Prime Minister takes a leadership role
in managing the situation and making critical decisions.

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8. Power to dissolve Lok-Sabha: The Prime Minister can recommend for dissolution of Lok-Sabha before
expiry of its term. Therefore members of the Lok-Sabha and his ministers are at the mercy of the Prime
Minister. Prime Minister may take such a step when important bill fails and conflicts arise in his ministry.

9. Public Communication: The Prime Minister communicates government policies and decisions to the public.
They often address the nation on important matters and represent the government's stance on various issues.

Council of Ministers
"Council of Ministers" is a group of important government officials chosen by the country's President on the
advice of the Prime Minister

The maximum Number of the council of ministers can be 15% of total strength of Lok Sabha
• They make policies to solve issues before the country.

• They prepare the annual budget.

• Propose new laws in the parliament.

• It is a decision making body of the government.

The Cabinet Secretary provides assistance to council of ministers & acts as an advisor

It is ranked in 3 categories

1. Cabinet Ministers.

2. Ministers of States.

3. Deputy Ministers

CABINET MINISTERS

They are in charge of major ministry (agriculture, human resource development, mine, atomic energy)

They need to take decisions in the name of the council of ministers.

They are the Inner cabinet.

These are the top Tier ministers holding important individual Portfolios

A cabinet minister has a right to be present and participate in every meeting of the Cabinet.

For proclamation of an emergency under Art. 352 the advice must come from the Prime Minister and other
Ministers of cabinet rank.

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MINISTERS OF STATE:-

They can be of 2 types.

• Holding individual charge
• Not having individual charge
Holding individual charge: He does not come under any cabinet minister When matters related to his department
arises he can attend cabinet meetings

Not having individual charge: He works under a cabinet minister and does the duty given to him by the cabinet
minister

DEPUTY MINISTERS:-
• They work under cabinet ministers or Ministers of State with independent charge
• They perform the work given to them by the ministers above them

Powers & functions of cabinet

1. Policy Formulation: The cabinet is responsible for formulating government policies. It discusses, debates, and
decides on key issues, setting the direction for the country's governance.

2. Decision-Making: The cabinet makes important decisions on issues such as domestic and foreign policy,
economic strategy, and legislation. These decisions are often made collectively, with each cabinet member
contributing their expertise.

3. Implementation of Policies: Once policies are formulated, the cabinet oversees their implementation. This
involves coordinating the work of various government departments and agencies to ensure that policies are
carried out effectively.

4. Budget Approval: The cabinet is often involved in the preparation and approval of the national budget. The
finance minister, in particular, plays a key role in this process.

5. National Security: The cabinet is usually responsible for decisions related to national security, defense, and
foreign affairs. This includes matters such as military strategy, international relations, and response to crises or
conflicts.

6. Coordination of Government Departments: The cabinet ensures that different government departments
work together in balanced way. It provides a forum for coordination and collaboration among ministers to
achieve common goals.

7. Representation: Cabinet members serve as representatives of the government. They communicate government
policies to the public, respond to questions from the legislature, and engage with other countries on behalf of
the nation.

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Qualification / Eligiblity to become members In Rajya Sabha:-

 Must be a citizen of India.

 Must not be less than 30 years of age.
 Not hold any office of profit under the government.
 Not be an un-discharged solvent Le, s/he should not be in debt that s/he is not capable of repaying in a
current manner and should have the ability to meet his/her financial expenses.
 Not possess an unsound mind.
 Not be a proclaimed criminal.
 Have his name on the electoral list.

POWERS OF RAJYA SABHA (Chairman):-

1. Legislative Powers:

• Initiation and Review of Legislation: The Rajya Sabha has the power to initiate and review legislation on most
subjects except money bills. Money bills must be introduced in the Lok Sabha (House of the People).

• Amending Non-Money Bills: The Rajya Sabha can suggest amendments to non-money bills passed by the Lok
Sabha. In case of a disagreement between the two houses, a joint sitting may be convened to resolve the matter.

2. Financial Powers:

Approval of Money Bills: Money bills, which exclusively deal with matters related to taxation and government
expenditure, can only be introduced in the Lok Sabha. The Rajya Sabha has limited powers concerning money
bills. It can suggest amendments, but the Lok Sabha has the authority to accept or reject these suggestions.

Delaying Money Bills: The Rajya Sabha can delay the passage of a money bill for up to 14 days. However, it
cannot ultimately prevent the passage of a money bill.

3. Coequal Powers:

Equal Legislative Powers with Lok Sabha: With a few exceptions, both the Rajya Sabha and the Lok Sabha
have equal powers in the legislative process. Both houses need to pass a bill for it to become law.

Joint Sitting: In the case of a disagreement between the two houses on non-money bills, the President of India
can call for a joint sitting of both houses to resolve the issues.

4. Exclusive Powers:

• Representation of States and Union Territories: The Rajya Sabha represents the federal character of the Indian
political system. Members of the Rajya Sabha are elected by the elected members of the legislative assemblies
of states and union territories, as well as by the members of the electoral colleges for states with legislative

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councils. This mechanism ensures that the Rajya Sabha serves as a forum for the representation of states at the
national level.

• Nomination of Members: The President of India can nominate members to the Rajya Sabha, representing
expertise in various fields such as literature, science, art, and social service. This provision allows for the
inclusion of individuals with diverse backgrounds and experiences.

Qualification / Eligiblity to become a member In Lok Sabha:-

 He should be an Indian citizen.

 He should be at least 25 years of age.
 He shouldn't hold any Office of Profit under Government of India.
 He should have his name in the electoral rolls in any part of the country.
 He should be of sound mind.
 He shouldn't be a proclaimed criminal.
 He shouldn't be in debt.

Powers Of Lok Sabha:-

1. Legislative Powers:

• Initiation and Passage of Bills: The Lok Sabha has the exclusive power to initiate and pass money bills. It also
shares legislative powers with the Rajya Sabha for non-money bills. Both houses must pass a bill for it to
become law, but in case of a disagreement, the Lok Sabha has the final say in most cases.

2. Financial Powers:

• Initiation and Approval of Money Bills: Money bills, which deal exclusively with matters related to taxation and
government expenditure, can only be introduced in the Lok Sabha. The Rajya Sabha can suggest amendments,
but the Lok Sabha has the authority to accept or reject these suggestions. The Lok Sabha also plays a key role
in the annual budget process.

3. Control Over Executive:

• Executive Accountability: Members of the Lok Sabha hold the executive accountable through question hours,
debates, and discussions. The executive, including the Prime Minister and Council of Ministers, is collectively
responsible to the Lok Sabha.

4. Constituent Powers:

• Constitutional Amendments: The Lok Sabha, along with the Rajya Sabha, participates in the process of amending
the Constitution. Certain constitutional amendments require a special majority in both houses.

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5. Electoral Powers:

• Approval of Presidential Proclamation(declaration): In the case of a national emergency, the President can issue a
proclamation. The Lok Sabha must approve this proclamation within one month.

6. Ventilating (discussion) Grievances (objections):

• Debates and Discussions: Members of the Lok Sabha have the power to ventilate public grievances, discuss
matters of public importance, and debate various issues. This contributes to the democratic process by allowing
representatives to express the concerns and opinions of their citizens.

Relationship/Difference between the Rajya Sabha & Lok Sabha

Basis Lok Sabha Rajya Sabha

Definition It is defined as the lower house or house It is defined as the upper house of the
of people where bills are passed and laws parliament or council of states that provides
are made for better governance of India. protection to the rights of different states.

Constitutional Provision Article 81 deals with the composition of Article 80 is associated with the composition of
the House of People. the Council of States.

Tenure Period The tenure of the Lok Sabha is 5 years There is no tenure period for Rajya Sabha as
normally. The Lok Sabha is dismissed such because It is a permanent house of
after five years of time. parliament. It can’t be dissolved. But after every
2 years, one-third of the Rajya Sabha members
are retired from the house.

Election for Membership

The members of the Lok Sabha are elected The members of the Rajya Sabha are elected by
through the voting process with the the representatives of state legislative
involvement of the common people. assemblies of states and union territories.

Strength The strength of the Lok Sabha ranges The strength of the Rajya Sabha ranges from
from 500 to 552. Presently, there is a total 200 to 250. Currently, there are 245 seats in the
of 543 seats in the Lok Sabha. Rajya Sabha.

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Minimum Age To be an MP (Member of Parliament) of To be an MP (Member of Parliament) of the

the Lok Sabha, one has to be at least 25 Rajya Sabha, one has to be at least 30 years of
years of age. age.

House Representative The business of Lok Sabha is conducted The business of Rajya Sabha is conducted by
by the speaker of Lok Sabha. the Vice-President as chairman of Rajya Sabha.

Role Lok Sabha has a greater role in legislation Rajya Sabha has exclusive rights and powers to
and passing money bills as compared to make laws on state lists and create new all-India
the Rajya Sabha. services.

Judiciary (High court & Supreme Court)

SUPREME COURT:-

Before Independence :- British India when capital was Calcutta Supreme Court was established there, when
capital changed to Delhi Federal court was established.

Regulating act 1773:- Supreme Court

st
established in Calcutta 1 CJI+3 other judges

GOI act 1935

Was established in Delhi 1CJI+2 other judges

• 15th e

• 26th

• 28th

• Inauguration day of SC 28th January

1st

Current strength of SC in 20

Maximum strength is 34 judges

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Functions Of Supreme Court

1. Guardian of the Constitution:

The Supreme Court of India acts as the ultimate guardian of the Constitution. It ensures that all laws, executive
actions, and government policies are in line with the constitutional provisions. The Court has the power of judicial
review to strike down any legislation or action that is found to be unconstitutional.

2. Guarantor of Fundamental Rights:

The Supreme Court plays a crucial role in safeguarding and enforcing the fundamental rights of citizens. It can
hear cases related to the violation of fundamental rights

3. Sole Authority for Resolving Disputes:

The Supreme Court is the highest court in India and serves as the final authority for resolving legal disputes. Its
decisions are binding on all lower courts and authorities in the country.

4. Center-State Disputes:

The Supreme Court has the jurisdiction to adjudicate disputes between the central government and one or more
states and also between states. This includes conflicts related to the interpretation of the Constitution, distribution
of powers, and any other matters affecting the interests of states.

5. Highest Court of Appeal:

The Supreme Court is the apex court of appeal in India. Individuals or entities dissatisfied with the decisions of
lower courts, including High Courts, can appeal to the Supreme Court. It has the authority to review and, if
necessary, overturn decisions made by lower courts. Article 124-147

♣ELIGIBILITY (Article 124):-

• A person must be a citizen of India

• Must have been, for at least five years, a Judge of a High Court or an Advocate of a High Court or of two
or more such Courts in series for at least 10 years

• Supreme Court Judges retire upon attaining the age of 65 years.

♣ STRENGTH (Article 124(1)):-

• 1950 1CJI+7 Other Judges

• Present 1 CJI+ 33 Other judges

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♣APPOINTMENT (Article 124(2));-

• CJI is appointed by the president

• For appointing other supreme and High court judges the president has to consult chief justice of India

• Chief justice of India shall consult 4 senior most judges of the supreme court

• No opinion opposing to that of chief justice of India shall be communicated to the president

• The whole consultation process shall be in writing

• While appointing judges seniority(Experience years) principal shall be followed

♣ Removal of supreme court judge ( Article 124(4);-

• A judge can be removed by the order of the president only

• On the grounds of proved misbehavior or incapacity

• Address to both the house of the parliament

Judge impeachment can be originated in any house

In Lok Sabha if motion (proposal) is passed, then 100 members should give signed notice

In Rajya Sabha Sabha if motion (proposal) is passed, then 50 members should give signed notice

If the motion is admitted then speaker or chairman constitute three member committee for investigation:-

• In that the first person will be supreme court judge and the second person will be chief justice of High court
and the third person will be distinguished jurist

Then charges are framed after that one copy is present to the judge so that he can prepare his defense

After this investigation report will be submitted to both the houses and should adopt by the total membership of
the house not less than 2/3rd of the total members present and voting if the motion is adopted by both then send to
the president.

President will do further process like passing and order to remove judge .

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Designation Judge Salary in India

Chief Justice of India INR 2,80,000/- per month

Supreme Court Judge INR 2,50,000/-per month

Powers & Functions of Supreme Court:-

1. Original Jurisdiction (Art 131):

The Supreme Court has original jurisdiction in certain cases, particularly those of federal or interstate nature. For
instance, disputes between the central government and one or more states, or disputes between states, fall under its
original jurisdiction.

2.Writ Jurisdiction (Art 132):

The Supreme Court has the power to issue writs for the enforcement of fundamental rights guaranteed by the
Constitution. The writs include habeas corpus, mandamus, certiorari, prohibition, and quo warranto. These writs
are essential tools for the protection of individual freedoms.

• Habeas Corpus:- “To have a body”

It is a very powerful and most used writ if a state illegally detains(arrest) a person then such an individual by
himself or his relatives or friends can use a writ of habeas Corpus for the release of the person

So whenever you use this writ supreme court and high court ask the detaining authority that on what basis the
person was detained?

If the basis or reason is found to be unreasonable then the detention(imprisonment) ends and he is to be released
with immediate effect

• Mandamus:- “We Command” perform public duty

Through this writ you can command a public official to perform his public duty

• Certiorari :- “To be certified”

Through this writ supreme court and high court can command the lower courts to submit its records for their
review. In the review it is check that whether the lower court judgment's are illegal or not

Now when can lower course judgment be illegal?

– Excess of jurisdiction(power)

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– Lack of jurisdiction

– Jurisdiction is unconstitutional

– Violation of principles of natural justice

If the local court judgment are found to be illegal then they are quashed which means that there judgment has no
value now and is not to be followed

• Writ of Prohibition:- “to forbid”

Prohibition and Certiorari has a little difference so prohibition means prevention. Certiorari means cure.

Prohibition is “to forbid”

If an illegal judgment is announced then to quash it

To cure the mistake you can use Certiorari

But if before the judgment is announced if you want to prevent the mistake then you use the writ of prohibition

So Prohibition is used until the lower court has pronounce the judgment if the lower court pronounced and illegal
judgment then you can use Certiorari .

• Quo warranto:- “By what authority”

By using this court can question any public officer that by what authority have you assume the public office if the
officer’s title is defective than he has to vacate the office.

Appellate Jurisdiction (Art 133 & 134):

The Supreme Court serves as the highest court of appeal. It has appellate jurisdiction over judgments and orders of
High Courts and other lower courts in both civil and criminal matters. Parties dissatisfied with decisions from
lower courts can appeal to the Supreme Court.

Special leave application (Art 136):-

Supreme court has a power to take/listen a case of solved or unsolved cases throughout India except Military court.

Power of Judicial Review (Art 142):

The power of judicial review is a fundamental aspect of the Supreme Court's jurisdiction. It allows the Court to
review the constitutionality of laws, executive orders, and government actions. If any law or action is found to be
in violation of the Constitution, the Supreme Court can declare it null and void.

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Advisory Jurisdiction (Art 143):

While not commonly exercised, the President of India can seek the Supreme Court's opinion on any question of
law or fact that may have arisen or is likely to arise. This is known as advisory jurisdiction. However, the advice
given by the Supreme Court in such matters is not binding.

High-Court.
• The judiciary system in the states consists of a High Court and a system of subordinate courts below it.

• The High Court is at the apex (top position) of the judiciary(judges) in the state.

• Article 214 provides for High Court for each state

• Article 231. provides there can be common High Courts for two or more states Eg., Punjab & Haryana HC is
in Chandigarh

• Under Article 230 the authority of High Court can be extended to the Union Territories also.

• Delhi & Puducherry Only UT’s that have high court of their own since 1966

• Goa, Arunachal Pradesh, Mizoram and Nagaland does not have its own high court.

• There are 25 HC’s

• Sikkim High Court is the smallest in India

Appointment :-

• The chief justice of High court is appointed by President after the consultation with chief justice of India as
well as the governor of India.

• The appointment of judges in High court are done by President , the president also consults Chief Justice of
High Court

SALARY

Chief Justices of High Court Rs.2,50,000/- p.m.

Judges of High Court Rs.2,25,000/- p.m

Qualifications a person to be eligible for appointment as a judge:-

 He must be citizen of India

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 He should have been an advocate of High court or of 2 or more such courts for at least 10 years or should
have held judicial office in Indian territory for a period of at least 10 year

Term of office :- The judges of High court hold office till the attend the age of 62 years .There term maybe cut
shot due to resignation or misbehavior or incapacity .

The President of India can remove the judges of High court from is office only if the parliament passes a resolution
by a two third majority of its members present and voting in each house

Powers & Jurisdiction/Functions of High Court

1. Original Jurisdiction:- Regarding Fundamental Rights They are empowered to issue writs in order to enforce
fundamental rights. With respect to other cases: All High Courts have original jurisdiction in cases that are
related to will, divorce, disapproval of court and admiralty(deals with maritime (connected with the sea or
ships)& mercantile(related to trade and commerce.

2. Appellate Jurisdiction:-All the High Courts have appellate jurisdiction in all types of cases against the
judgment of lower courts. If a session judge awards death sentence, an appeal can be made to High Courts
against such judgments. In civil cases an appeal can be made to High Court against the decision of District
Courts.

3. High Court is a Court of Record: High courts are often designated as courts of record. Being a court of
record means that the court's proceedings and judgments are preserved and can be used as precedents in future
cases.

4. Power of Supervision: Every High Court has the power of Supervising over all the courts throughout the
territory of the state. It will see that all lower courts discharge their duties properly.

5. Power of interpretation of Constitution: High Courts can withdraw a case pending before a subordinate
court and may itself dispose of the case or determine the question of law involved in the case and return the
case with its judgment on the question to the court for disposal.

6. Power to issue Writs: Like Supreme Court of India, every High Court has been given power to issue writ, for
the enforcement of Fundamental Rights and other purposes. It can issue writs in the nature of Habeas Corpus,
Mandamus Prohibition etc.,

7. Administrative Functions: High courts may also perform administrative functions related to the judiciary,
such as the appointment and transfer of judges, and the formulation of rules and procedures for the effective
functioning of the court system.

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Comptroller and Auditor General (CAG)

The Comptroller and Auditor General (CAG) of India is the supreme audit institution of India established under
article 148 of the constitution of India they are empower to audit all receipts and expenditure of the Government of
India and the state governments. Appointment:

• The CAG is appointed by the President of India.

• The appointment is made based on the recommendation of the Prime Minister, who consults with the Speaker
of the Lok Sabha (House of the People) and the Chairman of the Rajya Sabha (Council of States).
Qualifications and Term:

• The qualifications and term of office are determined by the President of India.

• The CAG serves a term of six years or until they reach the age of 65, whichever is earlier.

Roles and Responsibilities:

• The primary function of the CAG is to audit and report on the accounts of the Union Government and the state
governments.

• The CAG is responsible for ensuring that public funds are spent efficiently, economically, and effectively.

• It submits its audit reports to the President or the Governor of the state, who then places them before the
Parliament or the State Legislature.

Independence:

• The CAG's office is an independent and impartial body, ensuring that it can objectively assess government
finances without interference. Removal:

• The CAG can be removed from office only on the grounds of proven misbehavior or incapacity. The process
for removal is similar to that of a Supreme Court judge.

• Salary :- The basic pay of CAG Auditor and Accountant Salary is Rs. 29,200 /- to Rs. 92,300 /-. along with
some incentives.

DUTIES OF CAG:-

1. Audit of Government Accounts:

The primary responsibility of the CAG is to audit the accounts related to the revenue and expenditure of the Union
Government and the state governments.

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2. Audit of Autonomous and Statutory Bodies:

In addition to government accounts, the CAG also audits the accounts of autonomous bodies and authorities that
receive financial support from the government.

3. Performance Audit:

The CAG conducts performance audits to assess whether government programs and schemes are being
implemented effectively and efficiently. This goes beyond financial compliance to evaluate the actual outcomes
and impact of government activities.

4. Audit of Public Sector Undertakings:

The CAG audits the accounts of public sector undertakings (PSUs) and other corporations where the government
has a substantial financial stake.

5. Audit of Receipts and Expenditures:

The CAG examines the receipts and expenditures of the government to ensure compliance with laws, rules, and
regulations.

6. Independence and Impartiality:

The CAG is expected to function independently and impartially, free from external influences, to maintain the
integrity of the audit process.

7. Submission of Reports:

The CAG submits audit reports to the President of India in the case of the Union Government and to the Governors
of states in the case of state governments. These reports are then placed before the Parliament or State Legislature.

8. Role in Public Accounts Committees (PAC):

The reports of the CAG are examined by the Public Accounts Committees of the Parliament and State
Legislatures. The PAC plays a crucial role in scrutinizing government expenditures and holding the executive
accountable.

9. Assisting the Parliament and State Legislatures:

The CAG provides information and reports to assist the Parliament and State Legislatures in reviewing and
overseeing government financial matters.

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CHAPTER-8

Roles & Responsibilities of Citizens under Indian Constitution

CONCEPT OF CITIZENSHIP:-

PART II (Article 5 TO 11) Citizen?

A person who enjoys the full membership of the community (place) in which he lives.

Citizenship:-

Citizenship can be defined as a term that determines the place of residence of an individual, based on his/her
period of residence there.

Citizenship is a flexible term, and changes on the basis of individuals wishing to reside in places different from
their place of birth, that is, if the country where they wish to reside in allows them to do so.

• The constitution of India provides for a single and uniform citizenship for the whole country.

• The principle of single citizenship was adopted with hope that it will bring unity among the Indians. So in
India there is only citizenship.

• There is nothing like state citizenship. A citizen of India is accepted legally as a citizen in every part of the
territory of India with all most all benefits.

• Now citizens of India can move throughout the territory of India and settle permanently any very in India and

Citizenship at the commencement of the constitution

The constitution at its commencement declared as citizens are those who had their domicile in India and
a) Who are born in the territory of India; or

b) Either of whose parents was born in the territory of India; or

c) Who had been ordinarily resident in the territory of India for not less than five years after the commencement
of constitution of India.

Provisions were also made for persons; who had migrated to India from Pakistan and persons of Indian Origin re-
siding outside India. Any person who acquires citizenship of foreign country could not be a citizen of India.

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Citizenship Act of 1955:-

In accordance with the comprehensive Act was passed by the Parliament in 1955. The Act made provisions for
acquisition and termination of citizenship.

Acquisition of Citizenship :

1. By Birth: Every person born in India on or after 26th of January 1950 shall be a citizen of India, But there are
two exemptions to this rule;

a) Children born to foreign diplomatic persons in India

b) Children of enemy aliens (country that is at war with India), who are born at a place under enemy occupation
at the time of birth shall not become Indian Citizens.

2. By Descent: Every person born outside India on or after 26th Jan. 1950 shall be a citizen of India by descent; If
his / her father is a Citizen of India at the time of his/her birth.

It is necessary to register the birth of such a person in India or

His father at the time of his birth must be in service under Govt. of India.

3. By Registration: The citizenship of India may be acquired by the following categories.

• Persons of Indian origin who are ordinarily resident in India and have been so resident for 6 months
immediately before making an application for registration.

• Persons of Indian Origin who are usually resident in any country or place outside undivided India
(Afghanistan, Bangladesh, Bhutan, India, Maldives, Myanmar, Nepal, Pakistan, Sri Lanka and Tibet).

• Women who are or have been married to citizens of India.

• Minority(Sikhs,Muslims,Christians,Buddhists,Jains) Children of persons who are citizens of India.

4. Citizenship by Naturalization: A naturalized citizen of a particular country is someone who has legally
become a citizen of that country, although they were not born there. The Central Government, if satisfied as per
3d schedule of the Act may grant him citizenship by issuing certificate.

• The following are the qualifications for acquiring citizenship by naturalization.

• The person should not be a citizen of a country; where Indians are prohibited by law citizens of that country.

• If he is a citizen of any country, he should renounce the citizenship of that country.

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• He has either resided in India for one year prior to the date of application or has been in the service of a
government in India.

• He should have good character.

• He should have adequate knowledge of language mentioned in the 8th Schedule of the constitution.

5. By Incorporation of Territory: Citizenship can be acquired when a territory becomes part of a independent
state through takeover or other forms of incorporation. Residents of the newly incorporated territory become
citizens of the larger nation.

Loss of Indian Citizenship:-

The Act of 1955 of maintains situations in which a citizen of India may loose his citizenship.

The citizenship of a person may terminate;

1) By Renunciation that means giving up of citizenship.

2) Through voluntary acquisition of citizenship of the country.

3) Through deprivation of citizenship by order of the Government.

4) A women loses her citizenship by marrying a foreigner.

5) A person loses citizenship if he/ she remains absent for a long period from native state.

Citizenship (amendment) act 2019

• Prosecution - misbehave or violence

• Immigrant - if any person leaves in his country and starts leaving in other country permanently then he is an
immigrant of that nation. Background / History:-

• Between 12th to 20th century due to religious persecution in Iran the parsis of Iran migrated at a large scale
towards India

• In 1947 partition happened between India and Pakistan due to which more than one crore people migrated to
each other country And

• Because of this partition the Bangladesh freedom movement between 1960 to 1971 lakhs of Bangladeshi
people migrated to India because of this word for freedom

• After that 1959 to 1960 due to China Tibet war many Tibetians migrated to India and

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• In 1979 due to Soviet & Afghan war on religious persecution over there afghans also migrated to India

• In between 1980 to 2000 due to Sri Lanka civil war Sri Lankan Tamils came here and

• During 2015 to 2017 the Rohingyas of Myanmar migrated to India. 2019 census report says that maximum
migrants came to India through Bangladesh and Pakistan

The issue of citizenship in India is discussed in two places in constitution of India and citizenship of Indian act
1955

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Amendments to the existing Act:-

• Migrants will be provided with Indian citizenship if

► They are from Afghanistan, Bangladesh or Pakistan

►They belong to the following religions, Hindu, Sikh, Buddhist, Jain, Parsi or Christian

► They are currently staying in India

►They have migrated to India before December 31st, 2014

• Authorizes government to cancel registration of OCI (Overseas Citizenship of India). cardholders in case of
violation of provisions of Citizenship Act or any other law

Who are excluded?

Tribal areas of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and
"The Inner Line“(Arunachal Pradesh, Mizoram, Nagaland, Manipur, Lakshadweep, and Himachal Pradesh)
notified under the Bengal Eastern Frontier Regulation, 1873

► Reduces duration of residency from 11 years to 5 years Myth Busters!

► Existing Indian citizens will not be affected by the amendment.

►CAA is not against Muslims. Its only purpose is to ensure the wellbeing of the migrants who faced religious
persecution.

► CAA provisions are applicable for refugees who have migrated before Dec. 31, 2014 and who have experienced
religious persecution.

FUNDAMENTAL DUTIES:-

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in
1976, in addition to creating and promoting culture, also strengthen the hands of the legislature in
enforcing these duties in the fundamental rights.

1) To abide (stand) by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem.

2) To cherish and follow the noble ideals which inspired our national struggle for freedom.

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3) To uphold and protect the sovereignty, unity and integrity of India.

4) To defend the country and render national service when called upon to do so.

5) To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women.

6) To value and preserve the rich heritage (tradition) of our composite culture.

7) To protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures.

8) To develop the scientific temper, humanism and the spirit of inquiry and reform.

9) To safeguard public property and to abjure (avoid) violence.

10) To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement.

11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. (This duty was added by the 86th Constitutional Amendment Act, 2002)

RTI ACT 2005 (RIGHT TO INFORMATION)

• The right to information act was passed in the year 2005. This law empowers Indian citizens to seek any
accessible information from a Public Authority and makes the Government and its functionaries more
accountable and responsible.

RTI Bill is passed in Lok Sabha on 11 May ,2005 and Rajya Sabha on 12 May, 2005 and

– By President Dr. APJ Abdul Kalam on 15 June 2005 and Comes fully into force on 12 October 2005

Territorial extent: Whole of India Also Jammu and Kashmir since August 5 2019 after Article370 canceled

– Right to Information (RTI) is act of the Parliament of India to provide for setting out the practical regime of the
right to information for citizens and replaces the Previous Freedom of information Act, 2002.

– Under the provisions of the Act, any citizen of India may request information from a "public authority
Officer(PAO)" which is required to reply immediately or within thirty days

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RTI empowers every citizen to seek any information from the government, Public Officers and Public Authority.

Two types of PIO (Public Information Officer)

✔APIO: Assistant Public Information Officer

✔PIO: State PIO and Central PIO

Some information which are confidential in nature are not provided to Public by Official Secret Act, 1923
otherwise all information is disclosed.

Objective of RTI

• To empower the citizen.

• To promote transparent environment and Accountability in Government Department.

• To reduce the corruption.

• It helps the citizen to have knowledge about the working of the Government.

• Democracy will be in force.

Section 1: Short Title, Extent, and Commencement

• Short Title: The Act is referred to as the Right to Information Act, 2005.

• Extent: It extends to the whole of India except the state of Jammu and Kashmir. After 5 2019 amendment
J&K also included

• Commencement: The Act came into force on October 12, 2005.

Section 2: Definitions

• This section provides definitions for various terms used in the Act, including terms like "competent
authority," "information," "prescribed," "record," "right to information," and others.

1. Competent Authority: The term "competent authority" refers to any authority or body established or
constituted by the government, including any public authority, in relation to its functions.

2. Information: "Information" includes data, documents, records, opinions, and any material in any form,
including electronic records.

3. Prescribed: The term "prescribed" refers to prescribed by rules made under this Act by the appropriate
government or the competent authority, as the case may be.

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4. Record: "Record" includes any document, manuscript, and file, microfilm, computer-generated output,
optical or magnetic media, and any other material that can be accessed, used, or obtained.

5. Right to Information: The "right to information" means the right to information accessible under this Act,
which is held by or under the control of any public authority officer

Section 3: Right to Information

All citizens shall have right to information.

The right is available to citizens of India.

NRI can also file RTI but in some special cases only. (New amendment)

Section 4: Obligations of Public Authorities

Proactive Disclosure: Public authorities are required to maintain and publish certain records to promote
transparency and provide information without the need for a citizen to request it.

Section 5: Designation of Public Information Officers

Designation of PIOs: Each public authority is required to designate officers as Public Information Officers (PIOs)
to handle requests for information.

Section 6: Request for Obtaining Information

1. Making a Request: A person who desires to obtain any information under the act, he can make a request or
application either in writing or through Electronic form (typed format) in English, Hindi or official language of
such area.

2. A person who desires to obtain information must pay Rs. 10 as fee. This fee varies according to the state and
other conditions. There is no fees for people below poverty line.

3. An applicant making request for information shall not be required to give any reason for requesting the
information.

4. An applicant is not needed to give personal detail except those that may be necessary for contacting him.

Section 7: Disposal of Request

Timeframe for Response: The PIO is required to provide the information or reject the request within 30 days from
the date of receipt.

Life and liberty =>maximum 48 hours of the receipt of request.

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Third party related information =>40 days

✓ If application is rejected, then APIO & PIO have to give suitable reason for rejection of application.

When the PIO and APIO give no reply after lapse of time.

When an applicant is not satisfied with the reply of the request.

In the above 3 cases an applicant has a right to appeal (petition) under section 19

Section 8: Exemption from Disclosure of Information

This section lists the categories of information that are exempt from disclosure.

• National security, strategic, scientific and economic interest.

• Sovereignty and Integrity of India

• Information forbidden by court of law

• Trade secret (Patent or Formula)RCE

• Commercial confidence, trade secret, Intellectual Property Right

• Threat to individual person life

CIVIL SOCIETY:-

• Civil society refers to the complex web of organizations, institutions, and individuals that exist outside of
government and the private sector, working collectively to advance common interests and promote social
wellbeing

Role of Civil Society

• Report as the 3rd sector of the society

• Represents the shared interest values purpose and behavior of the public

• Distinct from Government and commercial

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Characteristics of a civil society:-

1) It consists of non-state institutions

2) It consists of a excess of organizations and institutions outside family, state, and market.

3) It is an organized(planned) society

4) It is voluntary association

5) It is autonomous body(for special purpose). 6) It is a nonprofit entity

7) It enables citizen's interaction with the state, thus, facilitating citizen participation in the governance process.

Types Of Civil Society:-

1. Non-Governmental Organizations (NGOs):

• Definition: NGOs are independent organizations that operate without government control. They are often driven
by a specific mission, such as addressing social issues, promoting environmental sustainability, or providing
humanitarian aid.( they try to avoid making people suffer or they help people who are suffering).

2. Community-Based Organizations (CBOs):

• Definition: CBOs operate at the local level, focusing on the needs and interests of a specific community. They
are characterized by grassroots initiatives that aim to improve the well-being of community members.

3. Religious and Faith-Based Organizations:

• Definition: These organizations have a religious or faith-based foundation and are motivated by their spiritual
beliefs to provide services, charity, and community support. They often play a role in addressing social issues
and promoting values aligned with their faith.

4. Membership Associations:

• Definition: Membership associations are formed by individuals who share common interests or belong to a
specific profession. They work to promote the collective interests of their members and often engage in
advocacy or professional development activities.

5. Research Organizations and Think Tanks:

• Definition: Research organizations and think tanks conduct in-depth research and analysis on various issues,
providing expert insights and recommendations. They contribute to informed policymaking and public
discourse.

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What does think tank do?

• Generates new information through research

• Evaluate public policy and programs

• Provide policy advice to government

• Educate public through publications and seminars

6. Social Movements:

• Definition: Social movements are grassroots initiatives that mobilize people to advocate for social or political
change. They often emerge in response to perceived injustices and aim to bring about transformative shifts in
society.

7. Youth and Student Organizations:

• Definition: Organizations that represent the interests of young people or students, engaging in advocacy and
community service.

Civil society's functional contribution to good governance:-

• Equality:- It believes in equality and tries to end concept of caste, religion, race etc

• Watchdog- against violation of human rights, corruption etc

• Advocate- Act as a speaker for the weaker sectors of the population

• Agitator (protestor):- on behalf of aggrieved citizens who have been wronged

• Educator- citizens on their rights, entitlements and responsibilities and the government about the pulse of the
people.

• Service provider- Assist the government by providing services to places and populations not reached by
official initiatives.

• Mobiliser (encouraging people to take action) :- of public opinion for or against a programme or policy

• Acts- Right to Information Act, Consumer Protection Act, Citizens Charters, Whistleblower (right information
to the right people).

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CHAPTER – 9

Goals and policies of national development enshrined in the constitution

Concept Of National Development

• The term NATIONAL DEVELOPMENT is a very comprehensive(broad)

It includes all aspect of the life of an individual at the nation the process of reconstruction and development in
various dimension of a nation and development of individuals it includes full growth and expansion of our
industry, agricultural ,education ,social ,medical care facilities etc.,

What is the National Development Council?

• The National Development Council (NDC) or Rashtriya Vikas Parishad functions as the highest authority for
decision-making and discussions concerning development matters in India
• Chaired (lead) by the Prime Minister.
• It was established on August 6, 1952, with the aim of consolidating and mobilizing the nation's efforts and
resources to support the Five Year Plans outlined by the Planning Commission.
History of National Development Council

• In 1946, the planning advisory board under the chairmanship of K.C Neogi had recommended setting up an
organization that would include the representatives of the provincial states and provinces.

• The planning commission in its first five-year plan drafted a National Development Council for a vast country
like India to facilitate the involvement of states in making policies and implementing the policies of the
government.

• Accordingly, the NDC was established on August 6, 1952, by an executive resolution of the Government of
India on the recommendation of the first five-year plan of the Planning Commission.

Composition of NDC
• The Prime Minister of India (who serves as its Chairman/Head).
• The Union Cabinet
• All state’s chief ministers.
• All Union Territories’ chief ministers and administrators.
• The members of the NITI (National Institution Of Transforming India) Aayog
NDC Objectives
• To ensure the cooperation of states in the execution of the plan.
• To promote basic economic policies in all important fields.
• To maintain balance and rapid development throughout the country.
• To strengthen and mobilize the efforts and resources of the nations in support of the plan.
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Formation of a Plan

• Primarily, the Planning Commission drafts the 5-year plan, then it is submitted to the Union Cabinet and, after
approval from the Union Cabinet, it is transferred to the National Development Council. After being approved
by the National Development Council, it is placed before Parliament and, with its approval, it emerges as the
official plan and is published in the official gadget.

• Although the National Development Council is an advisory body to the planning commission, Its
recommendation is not binding in nature. The National Development Council is the highest body below
Parliament, responsible for making policies and programs for the social and economic development of the
country.

Functions Of NDC
1. To prescribe guidelines for preparation of the national Plan.
2. To consider the national Plan as prepared by the Planning Commission (now NITI Aayog).
3. To make an assessment of the resources required for implementing the Plan and to suggest measures for
augmenting them.
4. To consider important questions of social and economic policy affecting national development.
5. To review the working of the national Plan from time to time.
6. To recommend measures for achievement of the aims and targets set out in the national Plan.

Unity & Integrity of the nation

• Unity refers to the unity of the people of India, and integrity refers to the integrity of the nation as a whole,
both in a political and moral sense

• Unity & integrity refers to being united the whole time full stop it means that people having different faiths,
religion, caste and cultures live together with love, care and with no conflicts.

It is the best way to remove inequality and other social evils like racism and discrimination

Features / Importance:-

1. Preamble: The Preamble of the Indian Constitution declares India to be a sovereign, socialist, secular,
democratic republic committed to promoting unity and integrity among all its citizens.

2. Fundamental Rights: The Indian Constitution guarantees fundamental rights to all citizens irrespective of
their caste, creed, religion, or gender. These rights ensure equality before the law, freedom of expression,
freedom of religion, and protection against discrimination.

3. Directive Principles of State Policy: The Directive Principles of State Policy enshrined in the Constitution
directs the government to promote social, economic, and political justice, and to strive towards a society based
on equality and fraternity.
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4. Union and State List: The Constitution divides the legislative powers between the central government and
state governments. The Union List contains subjects of national importance such as defence, foreign affairs,
and currency, while the State List includes subjects such as health, education, and public order.

5. Emergency Provisions: The Constitution provides for emergency provisions in times of war, external
aggression, or internal disturbance. During an emergency, the central government has the power to suspend
fundamental rights and take necessary measures to maintain national unity and integrity.

6. Official Language: The Constitution recognizes Hindi as the official language of India, while English is also
used for official purposes.

7. Cultural and Educational Rights: The Constitution recognizes the cultural and educational rights of different
communities and directs the government to promote and protect their interests

Introduction National Policy on Education 1986:-

• National Policy on Education 1986 was announced under government of Prime Minister Rajiv Gandhi. It
aimed at removal of inequalities in education and equalization of education opportunities with focus to educate
women, SCs, STs and other backward classes of society.

• “Operation Blackboard” was initiated as part of this policy which focused on improving the facilities of
primary school (I-V) in both rural and urban areas.

• Programme of Action 1992. This POA was designed under NPE 1986 and proposed conduction of common
entrance exams for “All India basis for admission to professional and technical programs” in India

• In 1992, National Policy on Education 1986 was modified by government of PV Narsimha Rao.

• PM Manmohan Singh adopted this in 2005 as a “common minimum programme”.

Aims / Goals of NPE 1986

1. Holistic Development of an Individual: The NPE 1986 aimed to go beyond academic achievements and focus
on the overall development of students. This included physical fitness, intellectual growth, and moral and ethical
values.

2. Development of Manpower (workforce) and Vocationalisation of education:- Education is like an

“investment in present” which gives us returns in future. Thus, education leads to development of human resource
that will ultimately result in national development.

This objective emphasized the need to align education with the requirements of the workforce. It advocated for
integrating vocational education with general education, ensuring that students were equipped with practical skills
and knowledge relevant to employment opportunities.

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3. Development of scientific temperament(thinking capacity) and logical skills:- As per NPE 1986, aims of
education is development of logical reasoning and spirit of inquiry in children. This will lead to development in
logical skills, problem-solving skills and decision-making skills of children

4. Acculturation: Acculturation in this context referred to the blending and understanding of diverse cultures
within the nation. The policy aimed at promoting unity in diversity by encouraging students to appreciate and
respect the cultural values of different regions and communities.

5. International co-operation and peaceful co-existence:- Peaceful education was promoted by NPE 1986 to
create awareness among students about international affairs, peaceful resolution of conflicts. Main aim of
education was to teach students to live politely and made them realise that apart from individuals, they also are
citizens of global world

6. National integration and promotion of secular values:- Education also focuses on national integration and
promotion of secular values. Its chief executive aim is to promote awareness about rights and duties enclosed in
Indian Constitution so as to reflect India as a democratic nation.

7. Nurturing (Encouraging) Children with Moral and Ethical Values: The NPE 1986 acknowledged the role of
education in shaping the character of individuals. It sought to teach moral and ethical values in students,
highlighting qualities such as honesty, integrity, and social responsibility.

8. National system of education with provision of equal opportunities and removal of disparities:- NPE 1986
aims at provision of common national system of education which is to be provided to all without any
discrimination on grounds of gender, economic or social demarcations and so on.

This national system of education includes certain mandatory specifics-

• National curricular framework that will consist of common core subjects.
• Equal opportunities of education to all among nation.
• Common educational structure with 10+2+3 pattern.
• Education with awareness of cultural values and social systems

9. Continuing Education: The policy recognized that education is a lifelong process. It aimed at fostering a
culture of continuous learning, encouraging individuals to update their skills and knowledge throughout their lives
to adapt to evolving societal and economic demands.

Introduction To New Education Policy 2020

• The latest New Education Policy 2020 was introduced under governance of Prime Minister Narendra Modi.
This educational policy came after 34 years of the previous educational policy and approved by Cabinet of
India on 29th July 2020
• It focuses on student-centered approach with provision of multidisciplinary courses that aims at complete
development of individual learners at all levels of career.
• NEP 2020 is a huge milestone for envisioning India-centered education system.

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• It aims at development of 4-year multidisciplinary undergraduate programmes

5 years of foundational stage:-
For ages:-3 to 8
For classes:- Anganwadi/preschool,class 1, class 2
This stage will focus on teaching in play-based or activity- based methods and on the development of language
skills.
3 years of Preparatory Stage:
For ages: 8 to 11
For Classes: 3 to 5
The focus in the preparatory stage will remain on language development and numerals skills. Here, the method of
teaching and learning would be play and activity-based, and also include classroom interactions .
• 3 years of Middle Stage:
For ages: 11 to 14
For Classes: 6 to 8 as per NEP 2020,
This stage will work on experiential learning in the sciences, mathematics, arts, social sciences and humanities.
• 4 years of Secondary Stage:
For ages: 14 to 18
For Classes: 9 to 12
This stage will cover two phases: Classes 9 and 10, and classes 11 and 12. Concepts will be covered in greater
depth in this stage.
• Along with this, school education curriculum was initiated to be easier and less burdensome with reducing
syllabus to the „core essential‟.
• Biggest change was transformation of educational pattern from 10+2+3 to 5+3+3+4

Aims/Goals of NEP 2020

1. Multidisciplinary education
Aim of education is “acquisition of knowledge” to prepare oneself for the life and also “complete awareness and
liberation of self”. This is aimed at providing students with a broader and more complete understanding of
knowledge as per environment.

2. Outcome-based Education:
The policy emphasizes a shift towards outcome-based learning, focusing on evaluating students' understanding and
application of concepts rather than depend on solely on examinations. The aim is to ensure that education results in
technical and applicable skills (leadership, communication, adaptability etc.,)

3. Provision of efficient infrastructure, proper trained teachers, safe hostels for girls and innovative education
centers to students all each level of education.

4. Provision of opportunity to students who by any reason drops the school/college and wants to re-join the
school/college

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5. All-round Development of Individuals:

The policy emphasizes the holistic development of students, including cognitive(mental skills), emotional, and
physical aspects(sports, activities). It encourages the development of critical thinking, creativity, and communication
skills alongside academic knowledge.

6. Reduction of dropout rates in education –

NEP 2020 aims at achieving 100% Gross Enrolment Ratio in each level from pre-school to secondary stage by
2030.

7. Inclusive education-
As a part of inclusive education, this policy aims at providing education facilities to SCs, STs, OBCs, girl child,
transgender, children with special needs, minorities and tribal communities. It has been proposed that those
locations which need special attention for their educational development must be entitled “Special Education
Zones”.

8. Innovative Pedagogy (teaching):

NEP 2020 advocates for the adoption of innovative and flexible teaching methods. It encourages educators to
employ creative pedagogical approaches, including technology integration and experiential learning, to make
education more engaging and effective.

9. Multiple entry and exit in undergraduate courses –

Also, choice-based credit system will be operating for assessment in undergraduate programmes. Duration of
Undergraduate programmes is for 4 years with special provision to exits in following ways
Exit after 1 year, will be certified with Diploma
Exit after 2 years, will be certified with Advanced Diploma
Exit after 3 years, will be certified with a pass degree
Exit after 4 years, will be certified with project-based degree

Note:-The Karnataka government has recently announced that it will be abandoning the 4-year undergraduate
degree format in favour of a 3-year format

10. Tech-based education and research

This policy is formulated at the time when “Artificial Intelligence”, data science, coding and other tech-based

11. Introduction to Bal Vikas:

NEP 2020 recommends the introduction of early childhood care and education, referred to as "Bal Vikas," to
provide a strong foundation for children in their formative years. This early education aims to promote holistic
(complete) development and prepare children for formal schooling.

12. Establishment of PARAKH (Performance Assessment, Review, and Analysis of Knowledge for Holistic
(complete)Development):

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PARAKH is a framework introduced under NEP 2020 for the assessment of students. It aims to move beyond rote
memorization and focus on assessing a student's overall development

13. Multilingualism
National Education Policy suggests that the medium of instruction should be in mother language or mother tongue
until at least Grade 5, but preferably till Grade 8 and beyond, will be the home language. mother tongue, local
language, regional language. Thereafter, the home or local language shall continue to be taught as a language
wherever possible. This will be followed by both public and private schools.

14. Diluted Boards –

As per NEP 2020, board exams will be conducted twice a year and will measure the core competencies of students
including 2 parts in exams, one being subjective and other being objective.

15. Lifelong Learning and Adult Literacy-

This policy aims at achieving “foundational literacy” for all citizens of India.

16. Bag-less days :-

One such transformative concept that promises to reshape the classroom experience is NEP's bagless days policy.
This policy suggests that students between Class 6 to 8 will participate in a 10-day .bag-less period each year
where they will focus on activity-based learning. It aims at making all children “school ready” before entering in
Grade 1 by 2030.

ROLE OF TEACHERS & STUDENT IN NATION BUILDING

For a nation their citizens are important and for good citizens the education system is important and to develop
good education system the teachers are one of the most important pillars of education system.

The youth is the backbone of any nation. They are the future leaders , entrepreneurs, and employees who will drive
economic growth and development. The role of the youth in economic development is therefore important.

ROLE OF A TEACHER IN NATION DEVELOPMENT:-

1. Education as a Fundamental Right: The Constitution of India, through various amendments, recognizes the
Right to Education as a fundamental right. Teachers play a crucial role in ensuring that this right is realized by
providing quality education to all.

2. Promotion of Values: Teachers are not only imparting academic knowledge but are also instrumental in
shaping the character and morals of the students. They contribute to the moral and ethical development of
individuals, encouraging values that are essential for responsible citizenship and nation-building.

3. Fostering Critical Thinking: Teachers are responsible for fostering critical thinking skills among students.
Encouraging students to question, analyze, and think independently contributes to the development of
informed and responsible citizens who actively participate in the democratic processes of the nation.

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4. Inclusive Education: Teachers play a pivotal role in promoting inclusive education by accommodating the
diverse needs of students, irrespective of their background, abilities, or socio-economic status. This fosters a
sense of equality and unity within the society.

5. Encouraging Innovation and Creativity: Teachers play a vital role in nurturing creativity and innovation
among students. By encouraging independent thinking and problem-solving skills, they contribute to the
development of a society that can adapt to change and drive progress.

6. Promotion of Digital Literacy: In the contemporary era, teachers are instrumental in promoting digital
literacy. Equipping students with technological skills ensures that they are prepared for the demands of a
modern, knowledge-based economy.

ROLE OF A STUDENT IN NATION DEVELOPMENT:-

1. Active Citizenship: Students are future citizens of the nation, and their active participation in local activities is
important for nation-building. This includes engaging in community service, voting responsibly, and being
aware of social issues.

2. Respect for Diversity: Students should appreciate and respect the diversity that exists within the nation. This
involves understanding different cultures, religions, and languages, contributing to the building of a
harmonious and multicultural society.

3. Pursuit of Excellence: Students are encouraged to pursue excellence in their chosen fields. By developing
their skills and knowledge, they contribute to the overall development of the nation, whether in the fields of
science, technology, arts, or any other discipline.

4. Advocacy for Social Causes: Students have the power to advocate for social causes such as human rights,
environmental sustainability, and social justice. By raising awareness and actively participating in movements,
they contribute to positive societal change.

5. Lifelong Learning and Skill Development: Students should embrace the concept of lifelong learning and
continuous skill development. By staying updated on emerging trends and acquiring new skills, they contribute
to the nation's economic development and competitiveness.

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