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Indian module of constitutionalism
sfrom quasi-fedral, fedral to quasi confederal(notes)
The Constitutional Genelogy
In terms of models of constitution contemporary
comparitiveconstitionalism, India belongs to tha genelogy of
parliamentary- federalpolitical system, the first examples of which
go back to canada(1867)and Australia(1901).
These constitutional experiments that combined the
classicalbritish parliamentary system and the classical american
federal systemsort to formulate a freamework of government for a
country that valuethe pricipal of unitary government by way of
parliament supermacy atthe sametime wished to fedrally accomodate a
wide range of culturakand regional diversities.
There are two models of republican
constitutionalism,EVOLUTIONARY and REVOLUTIONARY. The westminster
and the whilebritish commonwealth - Canada, Australia, and new
zealand- belong tothe EVOLUTIONARY and united states, switzerland
and france belongsto REVOLUTIONARY.
India does not exactly fit into either the evolutionary or
revolutionaryform of the constitutionalism. even though the
transfer of power inIndia was legal tender, the constitution of
India makes and affirmationof popular sovereignityin its
preamble.Thus, the indian model of
constituionalism is mixed in the sense of the continuity of
tranferredconstitutional and legal authority as well as invocation
of popularsovereignity.
The Indian Constitutional TheoryThe three constituent structures
of the indian political system are theSTATE, MARKET , and the CIVIL
SOCIETY.each domain is mutually demarcated and endowed with a
certaindegree of autonomy , mutually interactional and
interdependent. theinterrelationships between the state market and
civil society are
intermediate by three crucial infrastructures of the interest
groupsystem, party system, election, and the media of
masscommunication.The idealtype notions of state, market and civil
society as well as infrastucurallinkage mechanisms of interest
groups, political parties, and media.
the state is the expression of the soverignity of the people and
itsdemocratically constituted though the process of elections.in
the arena of party politics and mass media, ideas, interests
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and identities compete with each other for wider acceptance
bythe sovereignty.
The economic Market of captalism is premised on the notion
ofconsumers sovereignty in the same way political market
ofdemocracy is based on votes sovereignty and freedom to form
associations and propagate competing interests and policies.the
media is an open market for competition of ideas and free flow
of
information.
political parties and the media are the most vital links between
Stateand civil society. political parties and media are considered
partsof civil society.
elections determine which group wil form the govt. and thus use
thepower of state for regulating the civil society and market.
