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Chapter 1: Introduction
Indian Polity
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Introduction
Basic structure of the political system
Establishes the main organs of the state The Legislature, the Executive and the Judiciary
In a federal polity, the constitution delineates, delimits and distributes powers between the organs of state at Union level and those at the level of the states.
A living organism of functioning institutions
Constitution of India
Adopted by the Constituent Assembly on 26 November 1949.
Came into full operation from 26 January 1950.
Originally, adopted with 22 parts, 395 articles and 8 schedules.
Amended time to time.
Constitution of India
There have been as many as 94 amendmentsfrom 8 schedules have gone up to 12.
No. of Articles have increased from 395 to 448
A number of new articles and new Parts have been added.
Several articles or even full Parts have been repealed by constitutional amendments
Sources of the Constitution
ForeignIndigenous
Diverse & Many
Indigenous Sources
Evolved through various representative responsible governmental institutions.
Small doses of Constitutional reforms Sources can be tracked back to the
beginning of the East India Co. and the British Rule
Reference to Village Panchayats under the Directive Principles was inspired by Mahatma Gandhi
Indigenous Sources
Evolved through various representative responsible governmental institutions.
Small doses of Constitutional reforms Sources can be tracked back to the
beginning of the East India Co. and the British Rule
Reference to Village Panchayats under the Directive Principles was inspired by Mahatma Gandhi
Indigenous Sources
Demands for some of the Fundamental Rights was made as early as in 1918 at the Bombay session of the Indian National Congress
The commonwealth of India Bill in 1925 embodied a specific "declaration of rights" including Equality before law Freedom of speech Assembly and religions, etc.
Indigenous Sources
The Karachi Congress Resolution of 1931 contained special reference for fundamental rights and fundamental duties as well. Several social and economic rights mentioned in
1931 resolution found expression in Directive Principles
A parliamentary system, safeguards for minorities and a federal polity have had sources in the 1928 Nehru Committee Report.
Indigenous Sources
The Madras session of the Congress in 1927 reiterated the demand for fundamental rights.
10 of the 19 fundamental rights in the Nehru
Committee Report appeared Substantially unchanged in the constitution.
Indigenous Sources
75% of the Constitution is the reproduction of the Government of India Act,1935 Basic structure of the polity Provisions regulating Union-State relations Declaration of Emergency
Foreign Sources
Directive Principles from Irish Constitution
Parliamentary system with ministrial responsibility from the British
Provisions making the President, the Executive head of the State and Supreme
Commander of the armed forces were from the U.S. Model
Foreign Sources
Vice-President, the ex-officio Chairman of the Council of States from
The U.S. Bill of Rights inspired our Fundamental Rights
The Canadian Constitution influenced our Federal Structure and provisions relating to Union-State relations.
Foreign Sources
The Concurrent List in VII Schedule modelled on the Australian Constitution.
The German Reich influenced Emergency Provisions
Writs and Privileges have influence of the British Constitution
Constitutional History of India
Constitutional Government in Ancient India Concepts of democracy, representative
institutions, limitations on the arbitrary powers of the rulers, and the rule of law were not alien to India
Constitutional Landmarks in Modern India
Constitutional Landmarks in Modern India
The Charter Act 1669 For the first time, the company acquired the
authority to rule over a territory and its people
Regulating Act of 1773 British Parliament’s control over the company
started with this charter
Constitutional Landmarks in Modern India
Pitts India Act 1784 For political matters a board of control of 6
members was appointed
Charter Act of 1813 The Act deprived the company of the monopoly of
trade in India
Charter Act of 1833 The Act differentiated the law making meetings
of Governor General-in- Council from its executive meetings.
Constitutional Landmarks in Modern India
The Indian Council Act of 1909 This Act contained many of the reform proposals
of Minto-Morley Principle of communal representation was
introduced for the first time
The Government of India Act, 1919 Based on the Montagu-Chelmsford Report Indian Legislative Council was replaced by a
bicameral legislature Dyarchy was introduced in eight major provinces
Constitutional Landmarks in Modern India
The Act of 1858 The Act finally became "The Act for the Good
Government of India" of 1858
Indian Council Act of 1861 For the first time Indians were associated with
the work of legislation
The Indian Council Act of 1892 The entry of the elected members marked the
beginning of the new era in the life of the council.
Constitutional Landmarks in Modern India
Wavell Plan and Simla Conference The interim council was to be Indianized with the
inclusion of Indian political leaders The viceroy (Lord Wavell) convened a conference
of Indian leaders at Simla
Cabinet Mission Rejected the League demand for a separate
sovereign state of Pakistan Also rejected the congress scheme of a loose
federation
Constitutional Landmarks in Modern India
The Simon Commission 1927 Made a promise to set up a commission to inquire into
the working of the Act 1919
The Government of India Act 1935 Envisaged a federation of all-India Separated Burma from India and two new provinces of
Orissa and Sind were created
The Cripps Mission Proposed Dominion Status and the right of Indians to
frame a constitution Gandhiji condemned the proposal as a post-dated
cheque
Constitutional Landmarks in Modern India
Mountbatten Plan Prepared a plan for the partition
Indian Independence Act, 1947 Indicated the territorial divisions of India into
India and Pakistan Pakistan was to comprise East Bengal, West
Punjab, Sindh and the Sylhet district of Assam
Making of the Constitution
Formation of the Constituent Assembly The first definite reference to a Constituent
Assembly for India was made by Mahatma Gandhi in 1922.
Nehru Report was the first attempt by the Indians to frame a constitution for their country
Demand of a Constituent Assembly was for the first time conceded by the British Government in the August Offer of 1940
Framing of the Constitution
The Constituent Assembly duly opened (First Sitting) on the appointment day Monday, the 9th December 1946.
The historic Objectives Resolution was moved in the Constituent Assembly by Nehru, on 13 December 1946.
Framing of the Constitution
The Constituent Assembly on 29 August 1947 appointed the Drafting Committee with Dr. B. R. Ambedkar as the Chairman
The Constitution was finally signed by members of the Constituent Assembly on 24 January 1950
It took 2years 11months and 17days to frame the constitution
Criticism of the Draft Constitution: Not Being Original
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