Eng Polity

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    INDIAN POLITY

    A Constitution is a document of peoples faith and aspirations possessing a special legal sanctity. It was the fundamental law of a country and all other laws and customs of the country in order to be valid must conform to it.

    Constituent Assembly

    Facts

    1. 6th May 1946 Cabinet Mission made a declaration. 2. Election to the constituent Assembly 9th December 1946 Dr.

    Sachchidanand Sinha acted as its Provincial President. 3. On 11th December the assembly elected Dr. Rajendra Prasad as its

    permanent President. 4. 13 committees were appointed by the constituent assembly. 5. Rough Draft was prepared by B.N. Rao 6. The Rough Draft was referred to the Drafting Committee headed by B.R.

    Ambedkar on 29th August, 1947. 7. The committee consisted of seven members. Chairman B.R. Ambedkar.

    Other members are Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munsi, Sayid Mohammad Sadulla, Sri. N. Madhava Rao, T.T. Krishnamachar.

    8. Constitution was adopted on 26th November with 284 members appended their sign out of 299.

    9. Citizenship, elections, provisional parliament temporary and traditional provision were given immediate effect.

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    10. 26th January 1950 Date of commencement of the Constituent.

    SOURCE FEATURES Constitution of Britain Law making procedure; Single

    Citizenship; Rule of Law

    Constitution of U.S.A. Federalism; Independence of judiciary; Judicial Review; Indirect election of the President; Fundamental Rights; Removal of Supreme Court and High Court judges.

    Constitution of Ireland Directive Principles of state Policy; Method of Presidential election; Nomination of members to Rajya Sabha by President.

    FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES

    The fundamental rights by the Indian Constitution are now classified in six categories. Originally the, Constitution contained seven categories of Fundamental rights, right to property was removed from the list fundamental rights by the 44th amendment in 1978, there are only six categories of fundamental rights.

    There are six types of fundamental rights in Part III of the Constitution; they are as follows:

    i. Rights to Equality (Art. 14-18) ii. Right to freedom; (Art. 19-22)

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    iii. Right against Exploitation; (Art.23-24) iv. Right to Freedom of Religion; (Art.25-28) v. Cultural and Educational Rights; (Art. 29-30) vi. Rights to Constitutional Remedies; (Art. 31-32)

    Suspension of Fundamental Rights

    Our fundamental rights are justiciable only during the normal times. The Constitution has declared that as soon as the state of Emergency is declared under Article 352 (war or internal armed rebellion), the rights granted under Article 19 (Freedom) Automatically stand suspended.

    In addition to the above, the President is authorized by Article 359 to issue a separate order during the period of emergency suspending even the right to constitutional remedies.

    Fundamental Duties

    The original Constitution did not make any mention of the fundamental duties of citizens. These were incorporated by the Forty-Second Amendment in 1976, and are contained in Part IVA of the Constitution.

    Constitutional Remedies

    In the case of any violation of Fundamental Rights, the affected individual can invoke the writ jurification of the Supreme Court (Article 32) and High Court (Article 226) in order to get remedies.

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    Kind or Writ

    A. Habeas Corpus - Issued in case of an illegal detention of a person

    B. Mandamus - Issued by a superior or court commanding a person or

    public duty.

    C. Prohibition - Issued to lower court to stop proceedings in a particular

    case.

    D. Certiori - Issued to a lower court, quashing the orders of the lower

    court on Jurisdication grounds

    E. Quo Warranto - Issued to prevent a person from holding an office to which he is not entitled.

    Directive Principles of State Policy

    The Directive Principles of State Policy have been borrowed from the Constitution of Ireland. These principles are contained in Articles 35-51 of the Constitution under Part IV are in the nature of directions to the legislative and executive wings of the government.

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    Important DPSP

    1. Article 40 directs the state to take steps to organize village panchayats. 2. Article 44 requires the state to make efforts to secure a uniform civil code. 3. Article 45 requires the state to make provision for free and compulsory

    education.

    The President

    The Indian Constitution, under Art.53, vests the Executing power of the Union in the President, who shall exercise the executive power directly or through officers subordinate to him in accordance with the Constitution.

    Election of the President

    The President of India is elected by indirect election. He is elected by an electoral college in accordance with the system of proportional representation by means of the single transferable vote. The Electoral College consists of:

    (a) The elected members of both Houses of Parliament and (b) The elected members of the Legislative Assemblies of the states (Act.54).

    The expression states includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.

    Vice-President

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    The Vice-President is the ex-officio Chairman of the Council of States (Rajya Sabha). He is the Second highest dignitary of India occupying the second place in the warrant of precedence. He is elected for a five-year term. His normal function if to preside over the proceedings of the Rajya Sabha.

    Legislature in India

    PARLIAMENT is the central legislature of the Indian union. It is a bicameral legislature. Thus, the legislature of the Indian union, also known as Parliament, consists of the President and two houses Rajya Sabha or Council or States and Lok Sabha or House of the People. The President is an integral part of Parliament.

    The Rajya Sabha

    The Rajya Sabha consists of not more than 250 members with 238 members representing the states and the Union Territories and 12 to be nominated by the President to give representation to persons of distinction in the fields of art, science, literature and social sciences.

    The Lok Sabha

    The Lok Sabha consists of members directly elected from the territory constituencies in the states. Unless dissolved earlier, the term of the House is five years from the date of its first meeting. The term can be extended by a year during the period of emergency and in no case beyond a period of 6 months after the proclamation of emergency has ceased to operate.

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    The maximum strength of House of the people is 550 members. Among these are 530 directly elected on the basis of adult suffrage from territorial constituencies in the states and 20 members represent the union territories. Not more than two members from Anglo-Indian community may be nominated by the President.

    Speaker

    The Lok Sabha elects two of its members to its speaker and deputy speaker respectively. Both are elected for the life of the Lok Sabha which is normally five years. He does not vote but he on use his casting vote but he on use his casting vote in case of a tie.

    State Legislatures

    The system of government in states closely follows the pattern of the Union

    Government.

    The legislature of a state consists of the Governor and one or two houses of legislature, as the case may be.

    Legislative Assembly

    The Legislative Assembly (Vidhan Sabha) of each state is constituted by direct election of the basis of adult franchise. The total number of the Assembly members are not more than 500 or less than 60 chosen by direct election.

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    A candidate for the assembly should be a citizen of India and not less than 25 years of age.

    State Legislative Council

    Every state Legislative Council is a permanent body and is not subject to dissolution but one third of its members retire every two years. Parliament can, however, abolish existing Legislative Council or create new one.

    Composition

    Legislative Councils (Vidhan Parishad) have one third of the total membership of the assemblies but not less than 40 members. Of these,

    1. One-third are elected by local authorities such as municipalities and district boards.

    2. One-third by members of the Assembly. 3. One-twelfth by graduates of universities residing in the state. 4. One-twelfth by teachers teaching in institutions not lower than of a

    secondary school; 5. One-Sixth the rest are nominated by the Governor.

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    The members to be nominated by the Governor are persons having special knowledge or experience in literature, art, science, cooperative movement or social service.

    Parliamentary Terms

    Question Hour

    The first hour of every sitting in the two Houses of Parliament is devoted to asking and answering of questions and is popularly known as Question Hour. The questions are generally addressed to the ministers and are of three categories, viz,. starred questions, unstarred questions, and short notice questions.

    Zero Hour

    The term was coined by the press in the early 1960s. The hour after the Question Hour in the two Houses of Parliament is known as zero hour.

    Adjournment Motion

    Adjournment motion is moves to draw the attention of the House to a recent matter of urgent public importance having serious consequences. The adjournment motion can be moves by any member and if 50 members support it, the speaker grants permission