Unit - 1

Introduction and Basic Information about Indian Constitution

1.1 Meaning of the constitution law and constitutionalism, Historical Background of the Constituent Assembly, Government of India Act of 1935 and Indian Independence Act of 1947 Enforcement of the Constitution

 In 1938, Jawaharlal Nehru, on behalf of the INC declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected based on the adult franchise’.

 The demand was finally accepted in principle by the British Government in what is known as the’ August Offer’ of 1940. In the 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft proposal of the British Government on the framing of an independent Constitution to adopt after World War II.

 The Cripps Proposals were rejected by the Muslim League which wanted India to be divided into two autonomous states with two separate Constituent Assemblies. Finally, a Cabinet Mission sent to India. It rejected the idea of two Constituent Assemblies, it put forth a scheme for the Constituent Assembly which is more or less satisfied the Muslim League.

It was under the Cabinet Mission Plan of 1946 that the Constituent Assembly was constituted to frame a Constitution for India: The Constituent Assembly, which had been elected for undivided India and held its first sitting on December 9, 1946, reassembled on August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India.

 It was elected by indirect election by the members of the Provincial Legislative Assembly (Lower House only), according to the scheme recommended by the Cabinet Delegation. The essentials of the scheme are as follows –

The Provinces elected 292 members while the Indian States were allotted a maximum of 93 seats.

The seats in each province were distributed among the three main committees Muslim, Sikh, and General, in proportion to their respective population.

Members of each community in the Provincial Legislative Assembly elected their representatives by the method of proportional representation with a single transferable vote,

The method of selection in the case of representatives of Indian States was to be determined by consolation. As a result of Partition under the Plan of June 3, 1947, a separate Constituent Assembly was set up for Pakistan. The representatives of the Bengal, Punjab, Sind, North-Western Frontier Province, Baluchistan and the Sylhet district of Assam (which had joined Pakistan by a referendum) ceased to be members of the Constituent Assembly of India, and a fresh election was held in the new Provinces of West Bengal and East Punjab. (Hence, when the Constituent Assembly reassembled on Oct. 31, 1947) the members of the House was reduced to 299. Of these 284 were present on Nov. 26, 1949, and appended their signatures to the Constitution as finally passed.

Meaning:

Indian Constitution

The Constitution of India is the highest law in India. It establishes the framework that defines the basic political principles, establishes the structure, procedures, powers and obligations of government agencies, and defines the basic rights, principles of directives, and obligations of citizens. It is the longest sovereign constitution in the world and contains 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments. In addition to the English version, there is an official Hindi translation. Dr. Bhimrao Ramji Ambedkar is widely regarded as the father of the Indian Constitution. The constitution follows a parliamentary government, and the administration is directly responsible to the legislature. Article 74 stipulates that the Prime Minister of India is the head of government. It also stipulates that the President of India and the Vice President of India will be appointed under Articles 52 and 63. Unlike the prime minister, the president plays a predominantly ceremonial role. The Indian Constitution is essentially a federal government. Each state of India and each Union Territory has its own government.

Constitutionalism

Constitutionalism is a political philosophy based on the idea that government authority comes from the people and should be limited by a constitution that clearly states what the government can and cannot do. The idea is that the state cannot do what it wants to do, but is bound by laws that limit its powers. Constitutionalism has a vibrant history among the British, and that tradition has been passed down to us in other countries, especially as Americans. Let's dig deeper and learn more about constitutionalism.

Historical Background of the Constituent Assembly

1919 Act

The Government of India Act 1919 was an act of the British Parliament that sought to increase the participation of Indians in the administration of the country. The act was based on the recommendations of report by Edwin Montagu, the then Secretary of State for the India, and Lord Chelmsford, India’s Viceroy between 1916 and 1921. Hence the constitutional reforms set forth by this act are known as Montagu-Chelmsford reforms or Montford reforms.

Executive:

Dyarchy was introduced, i.e., there were two classes of administrators – Executive councillors and ministers.

The Governor was the executive head of the province.

The subjects were divided into two lists – reserved and transferred.

The governor was in charge of the reserved list along with his executive councillors. The subjects under this list are law and order, irrigation, finance, land revenue, etc.

The ministers were in charge of subjects under the transferred list. The subjects included are education, local government, health, excise, industry, public works, religious endowments, etc.

The ministers were responsible to the people who elected them through the legislature.

These ministers were nominated from among the elected members of the legislative council.

The executive councillors were not responsible to the legislature, unlike the ministers.

The Secretary of State and the Governor-General could interfere in matters under the reserved list but this interference was restricted for the transferred list.

Legislature:

The size of the provincial legislative assemblies was increased. Now about 70% members were elected.

There were communal and class electorates.

Some women could also vote.

 The Government of India Act 1919 was an act of the British Parliament that sought to increase the participation of Indians in the administration of the country

Diarchy was introduced, i.e., there were two classes of administrators – Executive councillors and ministers

The executive councillors were not responsible to the legislature, unlike the ministers.

The governor’s assent was required to pass any bill. He also has veto power and could issue ordinances

Central government

Executive:

The chief executive authority was the Governor-General.

There were two lists for administration – central and provincial.

The provincial list was under the provinces while the centre took care of the

The ministers were responsible to the people who elected them through the legislature.

Governor’s assent was required to pass any bill. He also has veto power and could issue ordinances.

Central government

Executive:

The chief executive authority was the Governor-General.

There were two lists for administration – central and provincial.

The provincial list was under the provinces while the centre took care of the central list.

Out of the 6 members of the Viceroy’s executive council, 3 were to be Indian members.

The governor-general could issue ordinances.

He could also certify bills that were rejected by the central legislature.

Legislature:

A bicameral legislature was set up with two houses – Legislative Assembly (forerunner of the Lok Sabha) and the Council of State (forerunner of the Rajya Sabha).

Legislative Assembly (Lower House)

Members of the Legislative Assembly:

During the World War the Great Britain and her allies had said that they were fighting the war for the freedom of the nations. Many Indian leaders believed that after the war is over, India would be given Swaraj. The British government however had no intention of conceding the demands of Indian people. Changes were introduced in the administrative system as a result of the Montagu-Chelmsford Reforms, called the Government of India Act, 1919.

Government of India Act 1919 was passed by British Parliament to further expand the participation of Indians in the Government of the India. Since the act embodied reforms as recommended by a report of Edwin Montagu {Secretary of State for India} and Lord Chelmsford {Viceroy and Governor General}, it is also called as Montague-Chelmsford Reforms or simply Mont-Ford Reforms. The most notable feature of the act was “end of benevolent despotism” and introduction of responsible government in the India. This act covers 10 years from 1919 to 1929.

Edwin Samuel Montagu had remained the Secretary of State for India between 1917 and 1922. He was a critic of the system by which India was administered. On 20 August 1917, he made a historic declaration in the House of Commons in British Parliament which is called “Montague declaration”. The theme of this declaration was increasing association of Indians in every branch of administration and gradual development of self-governing institutions and responsible government in India.

In November 1917, Montague had visited India to ascertain views from all sections of polity including talks with Gandhi and Jinnah. A report on Constitutional Reforms in India {Mont-Ford Report} was published on 8th July, 1918. This report became the basis of Government of India Act 1919. Key features of this report were as follows:

Increasing association of Indians in every branch of administration.

Gradual development of self-governing institutions with a view to the progressive realization of responsible government in India as an integral part of the British Empire.

Progress towards responsible government in successive stages.

Preamble

The Government of India Act 1919 had separate Preamble. Key points of preamble were as follows:

India to remain as an integral part of British Empire.

Gradual decentralization of authority with loosening the supreme hold of the central government. Thus, preamble of this act suggested for a decentralized unitary form of government.

The time and manner towards goal of responsible government will be decided by the British Parliament.

Partial responsibility in provinces, but no change in character of the central government.

Government of India Act of 1935 and Indian Independence Act of 1947 Enforcement of the Constitution

1935 Act 

On August 1935, Government of the India passed longest act i.e., Government of India Act 1935 under the British Act of Parliament. This act also includes the Government of Burma Act 1935. According to this act, India would become a federation if 50% of Indian states decided to join it. They would then have a large number of representatives in the two houses of the central legislature. However, the provisions with regards to federation were not implemented. The act made no reference even to granting dominion status, much less independence, to India.

With regard to the provinces, the act of 1935 was an improvement on the existing position. It introduced what is known as provincial autonomy. The ministers of the provincial governments, according to it, are to be responsible to the legislature. The powers of the legislature were increased. However, in certain matters like the Police, the government have the authority. The right to vote also remained limited. Only about 14% of the population got the right to vote. The appointment of governor-general and governors, of course, remained in the hands of the British government and they were not responsible to the legislatures. The act never came near the objective that the nationalist movement had been struggling for.

Features of the Act

1. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came in being as the princely states did not join it.

2. It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as the autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.

3. It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided in reserved subjects and transferred subjects. However, this provision of the Act did not come into operation at all.

4. It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house). However, many restrictions were placed on them.

5. It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers).

List of British Viceroys during British India

1.  It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.

2.  It extended franchise. About 10 per cent of the total population got the voting right.

3. It provided for establishment of a Reserve Bank of India to control currency and credit of the country.

4. It provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.

5. It provided for the establishment of a Federal Court, which was set up in 1937.

The main objectivity of the act of 1935 was that the government of India was under the British Crown. So, the authorities and their functions derive from the Crown, in so far as the crown did not itself retain executive functions. His conception, familiar in dominion constitutions, was absent in earlier Acts passed for India.

Hence, the act of 1935 served some of the useful purposes by the experiment of provincial autonomy, thus we can say the Government of India Act 1935 marks a point of no return in the history of constitutional development in India.

The Constituent Assembly of India was elected to write the Constitution of India. It was elected by the 'Provincial Assembly'. Following India's independence from British Government in 1947, its members served as the nation's first Parliament.

An idea for the Constituent Assembly was proposed in 1934 by M. N. Roy, a pioneer of the Communist movement in India and an advocate of radical democracy. It became an official demand of the Indian National Congress in 1935, C. Rajagopalachari voiced the demand for the Constituent Assembly on 15 November 1939 based on an adult franchise, and was accepted by the British in August 1940.

On 8 August 1940, a statement was made by Viceroy Lord Linlithgow about the expansion of the Governor-General's Executive Council and the establishment of a War Advisory Council. This offer, known as the August Offer, included giving full weight to minority opinions and allowing Indians to draft their own constitution. Under the Cabinet Mission Plan of 1946, election was held for the first time for the Constituent Assembly. The Constitution of the India was drafted by the Constituent Assembly, and it was implemented under the Cabinet Mission Plan on 16 May 1946. The members of the Constituent Assembly were elected by provincial assemblies by a single, transferable-vote system of proportional representation. The total membership of Constituent Assembly was 389 of which 292 were representatives of the provinces, 93 represented the princely states and 4 were from the chief commissioner provinces of Delhi, Ajmer-Merwara, Coorg and the British Baluchistan.

Composition and Functions

Initially, the number of members was 389. After partition, some of the members went to Pakistan and the number came down to the 299. Out of this, 229 were from the British provinces and 70 were nominated from the princely states.

Dr. Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly. Later, Dr. Rajendra Prasad was elected as the President and its Vice President was the Harendra Coomar Mookerjee. BN Rau was the constitutional advisor.

Constituent Assembly of India was set up under Cabinet Mission Plan of 1946. It consisted of 385 members, of which 292 were elected by elected members of provincial Legislative Assemblies while 93 members were nominated by the Princely States. It also had one representative each from the four chief Commissioners provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan.

B N Rao was the Constitutional Advisor of the Assembly. Dr. Rajendra Prasad was elected as its president.

Indian Independence Act 1947

Once the entire split was agreed upon by the major political parties, a stage was set for the introduction of an independent bill to the House of Commons, which was introduced on July 4, 1947. This was the culmination of India's struggle against colonialism and imperialism.

It was also a joint military victory in our national struggle, as the law stipulated the division of India and the formation of an independent sovereign state of India. It was also the victory of the army according to the policy of "divide and rule" on the one hand and "divide and rule" on the other.

The law establishes that, with the help of a minority, the ruling party can be manipulated with caution, and with either excuse, even the will and hope of the majority can be rejected very effectively. The 1947 law did not provide for a constitution in any way, nor in a broad sense. Meanwhile, it was a law that allowed the British government to withdraw from India.

The main provisions of the India Independence Act of 1947 are:

(A) The British Government will leave India on August 15, 1947.

(B) India is divided into two sovereign states, India and Pakistan, both of which will become sovereign states on this day.

(C) Authority previously exercised by the British Government in India will be transferred to both of these states.

(D) Punjab and Bengal will be divided and their territory will be bounded by a border committee led by Mr. Red Cliff.

(E) The Secretary of State's Office of India will be abolished.

(F) The governor of each dominion was to be appointed by the Queen of England on the advice of the dominion government. He does not act at his own discretion or discretion, but merely acts as head of state.

(G) Each Dominion was to have a sovereign legislature for the purpose of rulemaking. The law enacted by the British Parliament did not automatically apply to India.

(H) The bill passed by the Dominion Council could not be rejected by His Majesty.

(I) Both dominions have their own Constituent Assembly and also function as a parliament.

(J) It will work as close to the 1935 law as possible until the Constitution is assembled by the Constituent Assembly of either Dominion.

(K) The Governor of the State was to act as the Constitutional Head of the State.

(L) The Secretary of State's post reservation was to be cancelled. Civil servants who wished to resign after the transfer of power to both dominions were allowed to resign.

(M) Britain's most important matters for the Indian provinces and tribal areas were to end on August 15, 1947. In their case, power was not transferred to the dominion, but it was up to the state to decide if they wanted it. Join India or Pakistan.

(N) From now on, the relationship between the British government and India was to be carried out through the Federal Affairs Bureau.

(O) The King of England was to drop the title of Emperor of India.

(P) Pakistan's territory was to include East Bengal, West Pakistan, Sindh, and Baluchistan, England. If the referendum decides that the NWFP people will join Pakistan, their territory will also join Pakistan.

The law has brought India to the forefront of a new era in which the two dominions share their responsibilities without the support of superpowers. "This is the pinnacle of long-term events," Sir Atley told the House of Commons. The dawn, which represented the Islamic perspective of the time, called it "momentum and unique legislation."

Sir Samuel called it a "war-free peace treaty." The Hindustan Times has characterized it as the most noble and largest law ever enacted by the British Parliament. Dr. Rajendra Prasad of the Indian Division said: "The period of British control over India has ended today, and relations with the United Kingdom will now rest on the basis of equality, mutual goodwill and mutual benefit.

Of course, the law provided for the struggle between India's freedom and the Freedom Fighters, but it is very disappointing that the people of both Dominions had to experience immense suffering and misery after the division of the country. did. It was a time of inhumane and inhumane acts in the name of religion. The life, respect and property of anyone but goondas were safe.

All crimes prohibited by religion were committed to praise it. Not only this, but as far as the Indian states are concerned, this plan was deliberately mischievous. In fact, Britain has left over 567 independent India. It required a man of Sardar Patel's will, determination, and hyperopia who could undo the mischief, knit them into a single political structure, and integrate them with the Dominion of India.

Key takeaways:

1.2 Indian Constitution and its Salient Features, The Preamble of the Constitution, Fundamental Rights, Fundamental Duties

The Constitution of India came into effect on January 26, 1950. The Constitution at the time of enactment contained 395 articles and eight schedules, and was approximately 145,000 words long, making it the longest national constitution ever adopted. All provisions of the Constitution were debated by members of the Constituent Assembly, who sat 11 sessions and 167 days to form the Constitution over a period of 2 years and 11 months.

This section contains all the provisions of the revised Constitution of India (as of 2020) and the corresponding provisions of the 1948 Draft Constitution of India. Each article also contains a summary of discussions on that provision at the Constitutional Assembly. The articles are grouped into 22 different parts and reflect how they are organized in the text of the 1950 Indian Constitution.

Currently, the 12 Constitutional Schedule details government policies or rules related to specific provisions of the Constitution. Each schedule in this section is tagged with a corresponding article for clarity.

Salient features and characteristics of the Constitution of India

1. World's Longest Constitution

The Indian Constitution contains 395 articles and 12 schedules, making it world's longest written constitution. Just compare it with other countries Constitutions. For example, the UK has no written constitution, while the US Constitution contains only seven articles.

Not only have this but since 1951 about 90 articles and more than 100 amendments been added. However, since articles are not added separately as part of an existing article (e.g., Article 21A, 35A etc.) the total number of articles remains same at 395.

2. Taken from various sources

The Indian Constitution was framed from multiple sources including the 1935 Government of India Act and Other Countries Constitutions.

3. Federal System with Unitary Features

Federal System with the Unitary the Indian Constitution includes all the federal characteristics of the governance such as dual government system (center and state), division of powers between the three state organs (executive, judiciary and legislature), constitutional supremacy, independent judiciary and bicameralism (lower and upper house).

Nevertheless, the Indian Constitution is unique in that form it includes many unitary features such as a strong center, all India services common to the center and the states, emergency provisions that can transform the Constitution into a unitary one if necessary, appointment of governors by president on advice of the center, etc.

Indeed, Article 1 clearly states that India is a ' Union of States ' rather than a federation of States. In India, the states did not come together to form the center (or Union) like in the case of the USA which is the purest form of a federation. Rather, for administrative convenience, it is the center that created the states. Article 3 of the Indian Constitution gives Parliament the sole authority to create new states clearly indicating that the Indian Constitution is of a unitary nature with certain federal characteristics.

4. Parliamentary Form of Government

On the pattern of the British parliamentary system of government, the Indian Constitution has opted for the parliamentary form of government. The key characteristics of the parliamentary form of government are:

5. Balance between the Sovereignty of Parliament and the Judicial Supremacy

A fine balance has been struck between the parliamentary sovereignty and judicial supremacy by the Indian Constitution. The Supreme Court is vacuumed by Articles 13, 32 and 136 with the power of judicial review. By its power of the judicial review, it can strike down any parliamentary law as unconstitutional.

On the other hand, the Parliament, being a representative of the people's will, has the authority to make laws, and it can also amend the major part of the Constitution through its video vested powers under Article 368.

6. Independent and Integrated Judicial System

In India, unlike the United States where there is a two-tiered judiciary, a single judicial system prevails with the Supreme Court at the top, the State and District High Courts and other subordinate courts below and subject to the supervision of the High Courts.

It is the duty of all levels of courts in India to enforce both central and state laws unlike in the US, where federal courts adjudicate on federal matters and state courts on state matters.

Not only is the judiciary system well fully integrated in India, but because of the following provisions it is also independent.

Appointment of judges of Supreme Court and High Courts by collegium system

Removal of judges in Parliament through an impeachment procedure that is very difficult to pass.

Supreme Court judges salaries, pensions, and allowances are charged to India's Consolidated Fund

Power to punish for self – disregard

Ban on judges practice after retirement…etc.

7. Directive Principles of State Policy 

In Part IV of the Constitution, Directive Principles of State Policies (DPSPs) aims to make India a welfare state. Therefore, Dr. B.R. Ambedkar calls the Directive Principles as Indian Constitution's novel feature. The Principles of the Directive are inherently unjustifiable, that is, they are not enforceable for their violation by the courts.

Their usefulness, however, lies in their moral obligation to apply these principles to the state in making laws. Such as, the principles of the directive are fundamental to the country's governance.

8. Combination of rigidity and flexibility

The Indian Constitution strikes the fine balance between rigidity and flexibility when it comes to ease of modification. Article 368 lays down two types of modifications:

1. Some provisions may be amended by a special parliamentary majority, i.e., a 2/3rd majority of the members of each House present and vote and majority (i.e., more than 50 %) of each House's total membership.

2. Some other provisions can be amended by the special parliamentary majority and with half of the total states ratifying them. This ensures that with the widest possible majority, the Constitution is amended. At the same time, in the manner of ordinary legislative process, certain provisions of the Constitution can be amended by a simple majority of Parliament. Such amendments are not within the scope of Article 368

The Preamble of the Constitution

The Preamble serves as an introduction to the Constitution. It secures justice, liberty, equality to all the citizens of India and promotes fraternity among the people. 

The Preamble states:

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;

The four components in the preamble are:

1. The preamble shows that the source of constitutional authority lies with the Indian people.

2. India declares to be a socialist, secular, secular, democracy, and republican state.

3. It states its purpose to ensure justice, freedom, equality for all citizens and to promote fraternity to maintain national unity and integrity.

4. The date when the Constitution was adopted (November 26, 1949) is stated.

The keywords in the preamble are explained below.

Sovereign

The preamble declares that India may be a sovereign state. "Sovereign" means that India has its own independent authority and is not a controlling or subordinate state of any other external power. The Parliament of India has the power to enact legislation in the country, subject to certain restrictions imposed by the Constitution.

Socialist

The word "socialism" was added to the preamble by the 42nd Constitutional Amendment in 1976. Socialism means that the achievement of socialism ends by democratic means. India has adopted "democratic socialism". Democratic socialism holds confidence in a mixed economy in which both the private and public sectors coexist. It aims to end poverty, ignorance, illness, and inequality of opportunity.

Secular

The word "Secular" was incorporated into the preamble by the 42nd Constitutional Amendment in 1976. The secular term of the Constitution of India means that all religions in India are equally respected, protected and endorsed by the state. Articles 25-28 of Part III of the Constitution guarantee freedom of religion as a fundamental right.

Democracy

The term democracy indicates that the Constitution has established a form of government that derives its authority from the will of the elected people. The preamble resolves to make India a democracy. That means that people have the greatest power. In the preamble, the term democracy means political, economic, and social democracy. Responsible governments, universal adult franchises, vote-by-vote values, and independent judicial institutions are the hallmarks of democracy in India.

Republic

In the republic, the head of state is directly or indirectly elected by the people. In India, the president is the head of state. The President of India is indirectly elected by the people. That is, through representatives of Congress and the State Legislature. Moreover, in the republic, political sovereignty is given to the people, not the monarchs.

Justice

The term justice in the preamble contains three different forms: social, economic and political, and is protected by various provisions of basic and directive principles.

The preamble of social justice means the Constitution wants to make a more equitable society supported equal social station. Economic justice means the fair distribution of wealth among individual members of society so that it does not concentrate in the hands of a few. Political justice means all citizens have equal rights in political participation. The Constitution of India stipulates the value of each vote as universal adult suffrage.

Freedom

Freedom means that there are no restrictions or controls on individual activities, such as freedom from slavery, serfdom, imprisonment, tyranny, etc. The preamble stipulates freedom of thought, expression, belief, faith and worship.

Equality

Equality means that there is no privilege or discrimination against any part of society. The preamble provides equality of status and opportunity for all people in the country. The Constitution strives to provide the country with social, economic and political equality.

Fraternity

Fraternity means the feeling of brotherhood. The preamble aims to promote fraternity between those who guarantee individual dignity and national unity and integrity.

Correction of preamble

In 1976, the preamble was amended by the 42nd Constitutional Amendment Act (only once until date). Three new terms have been added to the preamble: socialism, secularity, and honesty. The Supreme Court has kept this amendment valid.

Fundamental Rights

Fundamental rights and the duties are the basic rights of an Indian Citizen in the Indian Constitution. These fundamental duties and rights apply to all the citizens of the country irrespective of the religion, gender, caste, race, etc. In this article, we will learn more about these Fundamental Rights and Duties in Indian Constitution.

Basic idea about Articles 12-35

Articles 12-35 constitute Part III of the Indian Constitution. Let us have a deeper look at the articles which talk about the fundamental duties and rights of an Indian Citizen.

1. Articles 14-18: Right to Equality

These articles talk about the equal rights for all the citizens of the country irrespective of their caste, class, creed, gender, place of birth, or race. It says that there must be equal opportunities with regard to employment and other aspects. These articles also work towards the abolition of orthodox practices that have been taking place in the country.

2. Articles 19-22: Right to Freedom

This is one of the most important rights in the country whose foundation is based on Democracy. The Indian constitution says that the citizens of the country have freedom in various regards. The freedom rights in the Indian Constitution include freedoms of

Expression

Speech

Assembly without arms

Association

Practicing any profession

Residing in any part of the Country

However, these rights are subjective. This further implies that the state has the right to impose restrictions on the rights depending upon the situation.

3. Articles 23-24: Right against Exploitation

These articles talk about exploitation of humans and their rights. It prohibits any activities that encourage the child labor, human trafficking, and other forms of forced labor. This article also prevents the state from imposing any compulsory service for public purposes. Also, while making such compulsions, the state shall not discriminate against anyone on the basis of caste, creed, gender, etc.

4. Articles 25-28: Right to Freedom of Religion

India, a secular country, consists of people from varied religions and faiths and therefore, it becomes of utmost importance that we and the constitution of Indian support freedom of religion. Under the article, the state can be prevented from making the laws that

Might be associated with a specific religious practice.

Opening Hindu religious institutions of a public character.

5. Articles 29-30: Cultural and Educational Rights

These are the articles that work towards the protection of the rights of cultural, religious, and linguistic minorities by aiding them to preserve their heritage and culture. The state is supposed to have no official religion. These articles grant all the citizens the right to worship any religion of their choice. Under these articles, the state cannot hold the right to discriminate against any educational institution on the basis of it being a minority-run institution.

6. Articles 30-35: Right to Constitutional Remedies

These articles bind all the previously mentioned as this right makes sure that all the other fundamental rights are not being violated in any case. If any citizen of the country feels that rights are being violated, they have the right to approach the court and demand justice. Under these articles, the Supreme Court also holds the power of issuing writs against activity that it might find unsuitable.

Herein, the parliament holds the power control the rights that are being given to –

Army personnel

Bureaucrats

Members in charge of maintenance of public order

44TH AMENDMENT ACT

The 44th amendment was introduced to the constitution by the 45th Amendment bill in the year 1978. This act of the Indian Constitution initiated back in the year 1976 by the Janata Government. It said that during the 42nd amendment of the constitution, lot of bills were passed without the consent of the citizens of the country, therefore, to safeguard the interests of the nation, the 44th Amendment was needed. All the amendments that made by the 42nd amendment were nullified by this act.

Some provisions by the 44th Amendment include –

TYPES OF WRITS – THE ENFORCEMENT OF THE FUNDAMENTAL RIGHTS

Under article 32 and 226, the high court and the supreme court of India have the right to issue writs in the forms of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto. In layman terms, a writ is a written notice by the Supreme Court or the high court that demands constitutional remedies for the citizen whose fundamental right has been violated. Furthermore, the constitution grants the power to the parliament to demand a writ from the Supreme Court due to one of the reasons. The different types of writs are -:

1. Habeas Corpus

The Latin meaning of the word is, ‘may have the body’. This writ is issued in regard to call an illegally detained person, to be present in front of the court. Further proceedings of the court decide whether the person needs to be in the detention of the law or to be let free. This writ is used in the cases when –

2. Mandamus

The means of the word, ‘Mandamus’ is ‘We command’. it's a notice that's offered by the court to the general public body, judicature, public official, government, or judicature in relevance reminding them of their duties that they need been ignoring for a short while. Thanks to its reminding principle, some individuals additionally term it to be a ‘wakening call’. However, a judicial writ cannot be issued against a personal individual or a personal body, if their duty isn't necessary, to enforce some reasonably a personal contact, against the governors of the president of the state, or against the operating chief.

3. Prohibition

This judicial writ legal document legal instrument official document instrument} is additionally popularly referred to as the writ of ‘Stay Order’. It may be issued to associate degree judicature or a quasi-judicial body so as to ban them from carrying forward the proceedings of a specific case. This legal document will solely be issued against a legal body.

4. Certiorari

Which means of ‘Certiorari’ is ‘to certify’. This legal document may be issued by the Supreme Court or the state supreme court to reverse the order that has already been gone by associate degree judicature, quasi-judicial authority, or a judicature.

5. Quo-Warranto

This term suggests that, ‘What is your Authority?’ This legal document is issued in relevance prohibiting an individual from holding a place to that he's not entitled to. The legal document expects the involved person to clarify the court of law concerning the authority to that is holding a place. Per his rationalization, the court will take additional selections on whether or not he shall be allowed or the place has to be vacated.

Article 51A

Upon the advice of the Swaran Singh Committee, the elemental duties of a national were supplementary to the constitution below the forty second modification. Article 51A consists of half IV-A of the Constitution of Bharat. The eleven elementary duties that square measure to be obeyed by all the voters of the country square measure mentioned during this article are:

1. To abide by the Indian Constitution and respect its constitution, anthem, and also the allegory.

2. Follow the Noble ideals that impressed the national struggle for freedom.

3. Shield and uphold the sovereignty, integrity, and unity of the country.

4. To defend the state and render national services once asked to try too thus.

5. Promote the spirit of Brotherhood and fraternity within the country.

6. To try for excellence.

7. To shield the atmosphere of the state.

8. Shield the culture of the state.

9. To be protecting of belongings.

10. To get a scientific principle for each thought.

11. Responsibility of all the oldsters to send their kids to high school between the age of half dozen and fourteen.

Criticism of elementary Rights of Bharat

Some of the criticisms that the elemental rights of our country have received over the years embody.

1. Lack of Clarity

As explicit by Sir Ivor Jennings, the Indian constitution could be a treat for the lawyers. This was aforementioned as a result of it's believed that the Constitution of Bharat was created by the lawyers, for the lawyers. The difficult terms within the Constitution square measure on the far side the understanding of a commoner. The terms used square measure imprecise and ambiguous in nature.

2. Suspension of rights throughout emergency

During a national emergency, the parliament holds the correct to suspend the elemental rights of the voters of the country. Hence, they're not utterly within the hands of the voters, however the authorities hold the powers to suspend them as and once required.

3. Excessive Limitations

It is believed that the elemental rights don't seem to be clearly explicit and additionally hold plenty of limitations to them. These rights square measure subjected to variety of exemptions and restrictions. The critics believe that once the constitution grants its voters elementary rights with one hand, it additionally takes them away with the opposite.

4. No Social and Economic Rights

The fundamental rights solely carry with it political rights and no social or economic rights square measure visible within the list. No rights like Right to Social Security, Right to education, Right to figure square measure mentioned within the list of elementary rights. Shall even be noted that these rights square measure granted to the voters in a number of the opposite advanced Democratic nations.

5. An upscale Remedy

It states that if any of the rights of a national is profaned, then he has the authority to approach the court. But, one cannot ignore the actual fact that the court proceedings demand plenty of cash and energy. A standard man thinks double before approaching the court to urge his rights.

Significance of elementary Rights of Bharat

The fundamental rights play a serious role within the democracy of the state. They act as a bedrock to democracy as they guarantee equality to the voters of the state. Thanks to the principle of equality, one will guarantee dignity and respect within the country. These rights apply to a person as a protection against his can and expression. These rights facilitate to get down the stone for social justice and equality amongst the voters. Moreover, they aid to strengthen the laic nature of the country.

Fundamental duties

After browsing the elemental Rights, you need to have determined and completed that reciprocally for each right, the society expects the voters to try and do sure things that are jointly referred to as duties. Some such necessary duties are incorporated within the Indian Constitution conjointly. The first Constitution implemented on twenty sixth Gregorian calendar month,

1950 didn't mention something regarding the duties of the national.

It was expected that the voters of free Bharat would perform their duties volitionally. However, things didn't go needless to say. Therefore, 10 elementary Duties were value-added in Part-IV of the Constitution beneath Article 51-A within the year 1976 through the forty second Constitutional modification. However, whereas elementary Rights are justifiable, the elemental Duties are non-justifiable. It means the violation of elementary duties, i.e., the non-performance of those duties by voters isn't punishable. The subsequent 10 duties are listed within the Constitution of India:

1. To abide by the Constitution and respect its ideals and establishments, the flag, National Anthem;

2. To care for and follow the noble ideals that impressed our national struggle for freedom;

3. To uphold and defend the sovereignty, unity and integrity of India;

4. To defend the country and render service once referred to as upon to do;

5. To push harmony and therefore the spirit of common brotherhood amongst all the folks of Bharat and to renounce practices disparaging to the dignity of women;

6. to price and preserve the made heritage of our composite culture;

7. To safeguard and improve the natural environments together with forests, lakes, rivers and wildlife;

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

9. To safeguard belongings and to not use violence; and

10. To serve towards excellence altogether spheres of individual and collective activity.

Besides, a replacement duty has been value-added once the passage of Right to Education Act, 2009. “A parent or guardian has got to give opportunities for the education of his child/ward between the age of six and fourteen years.

Nature of elementary Duties

These duties are within the nature of a code of conduct. Since they're indefensible, there's no legal sanction behind them. As you may realize, a couple of those duties obscure. For instance, a standard national might not perceive what's meant by ‘composite culture’, ‘rich heritage’ ‘humanism’, or ‘excellence altogether spheres of individual and collective activities. they'll notice the importance of those duties only if these terms are simplified a requirement has been made up of time to time to revise this list, change their language and build them a lot of realistic and purposeful and add some desperately needed a lot of realistic duties. As way as attainable, they must be created excusable.

Key takeaways:

To care for and follow the noble ideals that impressed our national         struggle for freedom.

To safeguard belongings and to not use violence.

14. Besides, a replacement duty has been value-added once the passage of Right to Education Act, 2009. “A parent or guardian has got to give opportunities for the education of his child/ward between the age of six and fourteen years.

1.3 Directive Principles of State Policy, Parliamentary System, Federal System, Centre-State Relations, Amendment of the Constitutional Powers and Procedure, The historical perspectives of the constitutional amendments in India

Directive principles

These are enclosed partially IV of the Constitution. For the framing of sure Laws, the govt. needs sure pointers. These are enclosed within the Directive Principles of State Policy. Per Article thirty-seven, they're not enforceable by the courts. It simply lays down {the elementary the elemental the basic} principles and pointers on that {they are} based mostly are fundamental pointers for governance that the State got to follow whereas planning the laws. Stress is on the Welfare of State Model.

The institution of Directive Principles of State Policy is in accordance with sure articles of the Constitution of Bharat.

 Allow us to explore a lot of regarding the importance of those articles.

Article 37: Non-enforceability in court

Article 39A: Securing participation of staff in management of industries

Article forty one – 43: Mandate the state to endeavour to secure to any or all voters right to figure, salary, security, maternity relief and an honest customary of living

Article 43:

Promotion of industries

Establishment of many Boards for the promotion of textile and different handlooms

Article 45:

Free and mandatory education to kids between people of 6-14

After 2002 modification childhood care ordinance was shifted to below half dozen years

Article 47:

Raise the quality of living and improve public health

Prohibition of consumption of intoxicating drinks and medicines injurious to health

Article 48:

Organize agriculture and husbandry on trendy and scientific lines

Article 48A: Protection of the atmosphere and safeguard the forests and life of the country.

Article 49: Preservation of monuments and objects of national importance

Importance of DPSP

The DPSP covers Articles 36-51 of Part IV of the Constitution.

It refers to the protection of women in the country, environmental protection, rural growth and development, decentralization of power, unified civil law, etc., which are essential in making the law for the "welfare state". It is considered to be some of the things.

It cannot be justified, but it does provide a set of guidelines for the government to function domestically.

Implementation of directive principles

As mentioned above, unlike the basic rights guaranteed by the Constitution of India, the Directive Principles have no legal sanctions and cannot be enforced in court. However, the state is making every effort to implement the Directive Principles in as many areas as possible. Notable implementation is the 86th Constitutional Amendment in 2002, which inserts a new article, Articles 21-A, requiring free education for children under the age of 14. The Cruelty Prevention Act, some Land Reform Act, and the Minimum Wage Act (1948), which protect the interests of SC and ST, are some other examples of the implementation of the Directive Principles. Based on the guidelines of the Directive Principles, the Indian Army participated in 37 United Nations peacekeeping operations.

 Parliamentary System

Modern democratic governments are divided into parliamentary and presidential systems based on the nature of the relationship between administrative and legislative bodies.

In a parliamentary government, the executive branch is responsible for the policies and actions of the legislature. On the other hand, the presidential system is a system in which the administration is not responsible for the policies and actions of the legislature and is constitutionally independent of the legislature regarding the term of office.

Parliamentary government is also known as the irresponsible government of the Cabinet government or the Westminster government model, especially in the United Kingdom, Japan, Canada and India.

Parliamentary Government Features

Nominal and actual administrative officers: The president is that the nominal administrative officer (de jure administrative officer or nominal administrative officer), and therefore the prime minister is that the actual administrative officer (de facto administrative officer). Therefore, the president is that the head of state and therefore the prime minister is that the head of state.

Majority Rule: Political parties that secure a majority seat in Lok Sabha form the govt. The leader of the party is appointed by the president as prime minister. Other ministers are appointed by the president on the recommendation of the prime minister. However, if there's no party to win the bulk, a coalition government are often invited from the president to determine a government.

Collective Responsibility: this is often a fundamental of parliamentary government. The Minister is jointly responsible to Parliament.

Double membership: Ministers are members of both the legislature and therefore the Executive Office of the President.

Prime Minister's Leadership: The Prime Minister plays a leadership role during this government system. He's the leader of the Council of Ministers, the leader of parliament, and therefore the leader of political parties. In these positions, he plays a crucial and really important role within the functioning of state.

Parliamentary Government Benefits

Legislature Administrative Harmony: The greatest advantage of the parliamentary system is that it guarantees a harmonious relationship and cooperation between the government legislative and executive branches. The administration is part of the legislature, both interdependent at work. As a result, there is less conflict and room for conflict between the two organs.

Responsible Government: Establish a Responsible Government in the Parliamentary System. The Minister is responsible to Parliament for all omissions and missions. Parliament manages the minister through a variety of means, including question time, debate, postponement motions, and motions of no confidence.

Prevent tyranny: Under this system, executive authority is given to a group of individuals (the Council of Ministers) rather than a single individual. This decentralization of authority checks for dictatorial tendencies of executives. In addition, the administration is responsible for Congress and may be dismissed by a motion of no confidence.

Wide range of representations: Parliamentary systems allow representatives to be provided to all sections and regions of government. The Prime Minister takes this factor into account when choosing a ministerial scan.

Federal System

The federal system is characterized by a constitutionally mandated division of political authority between national governments and territorial territories such as states and provinces. While under one central government, each subunit maintains a certain level of political autonomy to better serve its population.

Separation of powers between national and quasi-governmental governments can only be changed or deleted by amending the Constitution. This is in contrast to the delegation of authority in the Unitarian government. The latter system allows a country to delegate or deprive its subunits of political power, usually through legislation.

The constitution of the federal system protects the very existence of its political subunits. Neither the government nor its subunits can destroy each other. In the Unitarian system, political subunits can be abolished or reorganized by the state through laws not possible in the federal system.

In the case of the United States, the separation of powers between state and state governments is protected by Article 10 of the US Constitutional Amendment.

Other countries with a federal system include Canada, Brazil, Australia, India, Argentina, Austria, Germany, Malaysia, Mexico, Nigeria, Switzerland and Venezuela.

Centre-State Relations

In India, the state was not a sovereign state before the formation of the Federation. Therefore, no safeguards were needed to protect the nation. Due to the urgency of the situation, the Indian Federation has acquired features that are quite different from the American model.

Central State Relations-Legislation, Administration, Finance

In India, the state was not a "sovereign" organization before the formation of the Federation.

Therefore, no protective measures were needed to protect the "state." Due to the urgency of the situation, the Indian Federation has acquired features that are quite different from the American model.

(I) Residual rights under the Constitution of India are assigned to the Union, not the State. However, it should be noted that the fact that the Constitution of Canada does the same way of distributing power cannot be regarded as eroding the federal nature of the Constitution.

(II) Although there is a separation of powers between the Commonwealth and the State, the Constitution of India empowers the Union to control legislation as well as the administration of the state. Legislation by the state may be banned by the president if the governor reserves it for consideration.

The Governor is appointed by the President of the Union and takes office "during his joy." Again, these ideas can be found in the Canadian Constitution, but not in the US Constitution.

(III) The Constitution of India sets out the United States Constitution and states, with the exception of Jammu and Kashmir, which has no right to determine its own (state) constitution.

(IV) When considering a constitutional amendment, we find that we do not even need to consult the state regarding constitutional amendments, except for some specific matters that affect the federal structure. Most of the Constitution can be amended by a federal legislation passed by a special majority.

(V) In the case of the Constitution of India, the coalition cannot be destroyed, but the state cannot be destroyed. Congress can reorganize states or change state boundaries with a simple majority during the normal legislative process.

No "agreement" from the relevant state legislature is required. The president only has to "confirm" the views of the affected state parliament. The enactment of the State Reorganization Act of 1956 demonstrated that ordinary legislation by Congress could easily reshape a federal organization. Since then, a number of new states have been formed.

(IV) Under the Constitution of India, there is no equality of state representatives in the state legislature. Therefore, there is no federal safeguard under our Constitution that the interests of smaller countries are overwritten by the interests of larger or more populous countries. Its federal nature is further influenced by having a nominated element of 12 members for 238 representatives of the state and Union Territory.

Center State Relations

The Constitution of India provides a dual regime with a clear separation of powers between the federal and state states, each of which is the best within its allotted range. The Dominion of India is not the result of an agreement between independent units, and the units of the Dominion of India cannot leave the federation.

Therefore, the Constitution contains elaborate provisions to regulate various aspects of the relationship between the center and the state.

The relationship between the center and the state can be divided as follows.

1. Legislative relations

2. Administrative relations

3. Financial relationship

1. Central state legislative relations

Articles 245-255 of Part XI of the Constitution deal with the legislative relationship between the center and the state.

Scope of law enacted by Congress and the state legislature

Parliament can enact laws on all or part of India's territory. India's territory includes states, UTs, and other regions within India's territory for the foreseeable future. The state legislature, on the other hand, can enact all or part of the state's legislation.

Parliament can enact "extra-regional law" on its own, so parliamentary law applies to Indian citizens and their property in all parts of the world.

Subject of law enacted by parliamentary and state law

The Constitution divides the legislative power between the federal and state into three lists: a federation list, a state list, and a simultaneous list. The union list consists of 99 items. Congress has the exclusive authority to formulate legislation on the subjects listed. These include diplomacy, defense, military, communications, postal and telegraph, foreign trade, and more.

A list of states usually consists of 61 subjects that only the state can enact. These include public order and morals, police, judicial administration, prisons, local governments, agriculture and more.

The simultaneous list consists of 52 items including criminal and civil proceedings, marriage and divorce, economic and specially planned trade unions, electricity, newspapers, books, education, population management and family planning. Although both Congress and the State Legislature are on the subject at the same time, the Center has the pre-existing and best claims to legislate on the current subject. If there is a conflict between state and EU law on the subject of the simultaneous list, parliamentary law will prevail.

Legislative residual rights

The Constitution also gives Congress a residual right (a subject not listed in any of the three lists). Residuals are granted to the Union, contrary to the customs of other federals in the world where Residuals are given to the state. However, in the event of a dispute, the court will determine whether certain matters fall under residual rights.

Parliamentary authority to legislate on the state list

Under normal circumstances, the central government does not have the authority to legislate the subjects listed on the state list, but under certain special conditions, Congress may enact legislation on these subjects as well. I will.

a) For the national interest (Article 249)

If Rajya Sabha declares by a resolution endorsed by more than two-thirds of the members present and voting, it is necessary or convenient for the parliament to enact legislation on matters listed in the state list for the national interest. (Art.249). After such a resolution is passed, Parliament can make legislation for all or part of India's territory. Such resolutions are valid for one year and can be extended for another year by subsequent resolutions.

b) Under the Declaration of National Emergency (Art.250)

Congress can legislate on the subject matter on the state list when the State of Emergency Declaration is in place. However, the legislation enacted by Parliament under this provision shall expire before or without the expiration of the six-month period after the proclamation expires. It shall lose its effect.

c) By agreement between nations (Article 252)

Parliament also legislates on state subject matter if two or more state legislatures resolve that it is legal for Congress to enact legislation on matters listed in the state list relevant to those states. can. The laws passed by Parliament shall then apply to such states and other states that have passed such resolutions. Parliament also reserves the right to amend or abolish such conduct.

d) Implement the Convention (Article 253)

Parliament enacts legislation on all or part of India's territory to implement decisions made by treaties, international agreements, treaties, or international conferences, associations and other bodies with other countries. I can. Laws passed by Parliament for this purpose cannot be revoked because they relate to subjects on the state list.

e) Under the Declaration of Presidential Regulations (Article 356)

The president can also allow Congress to exercise state legislature powers during the declaration of presidential rules due to the collapse of the State Constitution. However, all such legislation passed by Parliament will cease to come into force six months after the declaration of president's rule.

Center management for state law

The Constitution empowers the center to administer the state legislature in the following ways:

1. The Governor may reserve certain types of bills passed by the Legislature for consideration by the President. The president enjoys an absolute veto against them.

2. Bills on certain matters on the state list can only be submitted to the legislature by the president's previous sanctions to impose restrictions on trade and commercial freedom.

3. The President may instruct the state to withhold money bills and other financial bills passed by the Legislature for consideration in the event of a financial emergency.

2. Administrative relations of the center state

The administrative jurisdiction of the federal and state governments extends to the subject matter of the federal and state lists, respectively. Therefore, the Constitution defines provisions dealing with administrative relations between the center and the state.

Central state relationship between normal relationships

1. State administrative powers are exercised in accordance with Acts of Union: Article 256 ensures that all state administrative powers ensure compliance with the laws enacted by Parliament and the existing laws applicable to those states. It stipulates that it will be exercised. The executive branch of the Union extends to the Government of India giving instructions to the states as it deems necessary for that purpose.

2. State Administration That Does Not Interfere with Federal Administration: Article 257 of the Constitution stipulates that the administration of all states must be exercised so as not to interfere with or harm the exercise of federal administration. The executive branch of the Union extends to the Government of India giving the state instructions as it deems necessary for that purpose. In short, the federal government can direct the state government even on subjects listed in the state list.

3. Maintaining a State or Military Importance of Communication: The federal government may give instructions to the state regarding the establishment and maintenance of a means of communication that has been declared national or military importance.

4. Railroad Protection: The Union may give the state government the necessary instructions regarding the measures taken to protect railroads within the state's jurisdiction. It should be noted that the costs incurred by the state government to perform these functions must be reimbursed by the federal government.

5. To ensure the welfare of the US Denotified Tribes: The Union can instruct the state government to ensure the implementation of the plans essential to the welfare of the US Denotified Tribes.

6. To ensure native language instruction in the first phase of education: The Union is appropriate for native language instruction in the first phase of education for children belonging to linguistic minority groups. You can instruct the state government to ensure the provision of facilities.

7. To ensure Hindi development: The Union can instruct the state government to ensure Hindi development.

8. To ensure that the state government operates in accordance with the provisions of the Constitution: The Union may instruct the state government to ensure that the state government operates in accordance with the provisions of the Constitution. If any state did not follow the instructions given by the Union in exercising its executive branch, the president could retain it, creating a situation in which the state government could not do so in accordance with the provisions of the Constitution. Therefore, he may declare presidential rules in that state.

9. Delegation of Federal Functions to States: The President of India may delegate certain functions of the federal government to state officials. However, before doing so, the president must obtain the consent of the state government. However, Parliament may enact legislation that allows the central government to delegate its functions to the state government or its officers, regardless of the consent of such state government. On the other hand, a country can give an executive branch to a coalition only with the consent of the coalition.

10. Appointment of High Officials: The Union has a major say in the appointment and dismissal of the Governor and the appointment of judges and members of the State Civil Service Commission in the High Court.

11. All Indian Services: The presence of all Indian services (Indian administrative services, Indian police services) further gives the federal government a dominant position. Members of these services are recruited and appointed by the Union Public Service Commission. Members of these services are listed in major state posts, but remain loyal to the federal government.

12. Union Adjudicating Interstate Riverwater Disputes: Parliament is empowered to award disputes or complaints regarding the use, distribution, or management of water in or within interstate rivers or valleys. In this regard, Parliament also reserves the right to exclude such disputes from the jurisdiction of the Supreme Court or other courts.

Central state relations in an emergency

1. Under central government control: The state government cannot ignore federal instructions. Otherwise, the President may take action by telling the State Government that he cannot carry out the administration in accordance with the provisions of the Constitution and therefore can: Imposing presidential rules on the nation. In such cases, the President shall assume all or any of the functions of the State Government.

2. Under the State of Emergency Declaration: During the State of Emergency Declaration, the power of the coalition to give instructions extends to giving instructions on how to with the executive branch of the state.

3. Under the Declaration of Financial Emergency: During the declaration of financial emergency, the union adheres to certain norms of financial relevance to the state government and is relevant to the work of all or any class of persons. You can instruct them to reduce their salaries and benefits. A union that includes judges from the Supreme Court and the High Court. The coalition also requires that all monetary or fiscal bills be reserved for presidential consideration after passing the state legislature.

Therefore, in the field of administration, it is clear that the state cannot act in complete isolation and must cooperate under the direction of the center.

3. Center State Financial Relations:

The Constitution of India has developed detailed provisions relating to tax distribution, non-tax revenue, and borrowing powers, and is supplemented by federal subsidy provisions to the United States.

Articles 268-293 deal with the provisions of financial relations between the center and the state.

The Constitution divides tax rights between centers and states as follows:

Congress has the exclusive authority to tax subjects on the Union List, and the Legislature has the exclusive authority to impose taxes on the subjects listed on the State List. Both can impose taxes on the subjects listed at the same time. Congress only.

Distribution of tax revenue

1. Customs duties collected by the Union but collected and applied by the state: Stamp duty, such as bills of exchange, and excise tax on medical and toilet preparation, including alcohol. These taxes are not part of India's Integrated Fund, but are only allocated to that state.

2. Service tax is collected by the center, but is collected and applied by the center and the state.

3. Taxes collected by the Union but collected but assigned to states: These include taxes on the buying and selling of goods in the course of interstate trade or commerce, or interstate trade or commerce.

4. Taxes collected and collected by the Union and distributed between the Union and the State: Certain taxes shall be collected as well as collected by the Union, but the income shall be a fair division of financial resources. Impact on. This category includes all taxes mentioned on the Union List, except for the duties and duties mentioned in Articles 268, 268-A, and 269. Additional charges for taxes and obligations set forth in Article 271 or Cess imposed for a particular purpose.

5. Specific Tariffs and Tax Extra Charges for Union Purposes: Congress may at any time increase any of the obligations or taxes mentioned in those provisions by additional charges for Union purposes. The total income of such additional charges shall form part. Indian integrated fund.

Subsidy

In addition to sharing taxes between the center and the state, the Constitution provides for subsidies from central resources to the state.

There are two types of grants:

1. Legal Grants: These grants are provided by Parliament to countries in need of assistance from India's Integrated Fund. Different states may have different totals. Certain grants are also given to promote the welfare of designated tribes in the state or to raise the level of control of the designated area of   the state (Article 275).

2. Discretionary Grants: The Center provides specific grants to the state based on the recommendations of the Planning Committee at the discretion of the federal government. These are given to help the state achieve its planned goals financially (Article 282).

Impact of emergencies on center-state financial relations:

1. National Emergency: By order, the President may instruct that all provisions regarding tax splits and subsidies between the federal and state states remain suspended. However, such suspension must not exceed the expiration of the fiscal year in which the proclamation fails.

2. Financial emergency: The union can give instructions to the state:

1. Adhere to the norms of economic validity as specified in the instructions.

2. Reduce salaries and allowances for all who serve in relation to national affairs, including judges in the High Court.

3. Reserve for consideration of all financial and financial bills of the President after being passed by the Legislature.

Finance Commission

The Constitution has endeavoured to allocate all possible sources of income to either the federal or state, but this allocation is very broadly based. For the purpose of allocating specific financial resources between the federal and state governments, the Constitution provides for the establishment of a Finance Commission under Article 280. According to the Constitution, the President of India is empowered to establish a Finance Commission. Every five years, he makes recommendations on the distribution of financial resources between the Commonwealth and the United States.

Constitution

The Finance Commission is to be composed of the President every five years. The chairman must have "public affairs experience". The other four members must be appointed from one of the following: ---

1. A person who is eligible to be appointed as a judge of the High Court or a judge of the High Court.

2. Someone who has knowledge of government finances and accounting.

3. Those who have practical experience in finance and management.

4. Someone with special knowledge of economics.

Function

The Finance Commission recommends to the President:

1. Distribution of net income of taxes distributed between the federal and states, and distribution of such income between states of their respective shares.

2. Principles for managing state revenue subsidies from the Indian Integrated Fund.

3. Measures needed to increase the state's integrated fund to supplement the resources of the state's Panchayati and local governments.

4. Other matters referred to the Commission by the President for sound finances

Amendment of the Constitutional Powers and Procedure, The historical perspectives of the constitutional amendments in India

Amendment of the Constitutional Powers and Procedure

A constitutional amendment is a formal written change to a national or state constitution. In order to amend the Constitution and guide it to reflect the reality of life, there is a strong need to amend the Constitution. There are two types of amendments, and there are various ways to amend the constitution.

Amendments to the Constitution mean changing certain provisions or updating some external features to meet the requirements of the day. In order for the Constitution to reflect the reality and needs of the day, provisions for constitutional amendment are needed.

Type of amendments:

Within Article 368 of the Constitution, there are two types of amendments to the Indian Constitution.

1. Only the parliamentary special majority

2. Ratification of half of the states by the parliamentary special majority and the simple majority.

The criticisms of the constitutional amendment are as follows.

1. India, unlike many other countries, does not have a permanent constitutional amendment body and all efforts are relatively naive and made by amateur parliaments.

2. The Legislature has no other scope to initiate amendments, except that it has the authority to initiate the establishment or abolition of the Legislative Council. This not only makes the Indian Constitution a central monopoly, but also makes it too strict for the state.

3. The existence of two houses in Congress makes it difficult to pass the Constitutional Amendment Act due to the disagreement between the two houses.

4. There is almost no difference between the normal legislative function and the constitutional amendment function.

5. There are too many loop holes. For example, if the ruling party cannot gather a majority of two-thirds of the total power, as it could modify the impeachment process to reduce two-thirds of the total power to two-thirds of the current power and vote., Can be devised at any time. A technique that suits his way.

6. There is no time frame for the state legislature to ratify.

7. There is no time frame for the President to agree.

K.G explains the constitutional amendment procedure of the Indian Constitution. Barakrishnan (formerly CJI) correctly states that the constitutional amendment strikes a good balance between flexibility and rigidity. In addition, Granville Austin, a prominent scholar of the Indian Constitution, said: It looks complicated, but it's just diverse. "

Amendment of the Constitutional Powers

Constitutional amendment procedure

The Constitution can be amended in a variety of ways, including simple majority, special majority, and ratification by at least half of the states. The constitutional amendment under Article 368 is taken into account to be the central amendment procedure of the Indian Constitution, which may be explained as follows.

The historical perspectives of the constitutional amendments in India

Prior to 1947, India was divided into two major organizations. British India, which consists of 11 states, and the princely state of India, which was governed by an Indian prince under an auxiliary alliance policy. Although the two entities were merged to form the Dominion of India, many of the British Indian legacy systems

continue to this day. The historical foundation and evolution of the Indian Constitution can be traced back to the many regulations and actions passed before India' independence.

Indian Administrative System

Democracy in India is a parliamentary democracy in which the executive branch is responsible for the parliament. The parliament has two homes, Lok Sabha and Rajya Sabha. Also, the type of governance is the federal government. That is, the center and the state have separate government agencies and legislatures. There is also autonomy at the local government level. All of these systems owe their legacy to the British Government. Let' s takes a look at the historical background of the Indian Constitution and its development over the years.

1773 Regulatory Act

a. The first step was taken by the British Parliament to manage and regulate the

operations of the Dutch East Indies company.

b. Governor of Bengal (Fort William) was appointed governor (Bengal).

c. Warren Hastings became Bengal' s first governor.

d. The Governor' s Executive Council was established (4 members). There was no independent legislative council.

e. It subordinated the governors of Bombay and Madras to the governor-general

of Bengal.

f. The Supreme Court was founded in Fort William (Calcutta) in 1774 as the

Apex Court.

g. It prohibited company employees from engaging in private transactions or

accepting bribes from indigenous peoples.

h. The board of directors (the governing body of the company) must report its

earnings.

Indian Law of the Pits Of 1784

a. Distinguish between the commercial and political functions of a company.

b. Board of directors for commercial functions and governing board for political

issues.

c. Reduced the power of the Governor' s Council to three members.

d. Put the Indian issue under the direct control of the British government.

e. The territory of the Indian company was called " British property of India & quot;

f. The Governor' s Council was established in Madras and Bombay.

1813 Charter Act.

Our monopoly on Indian trade has ended. Trade with India is open to all British themes.

1833 Charter Act

a. The Governor-General (of Bengal) has become the Governor-General of India.

b. The first governor of India was Sir William Ventick.

c. This was the final step towards centralization of British India.

d. India' s central legislature began as the law deprived Bombay State and Madras State of legislative power.

e. The law ended the activities of the East Indies company as a commercial entity and became a pure government agency.

1853 Charter Act

a. The legislative and administrative functions of the Governor' s Council have been separated.

b. Six members of the Central Legislative Council. Four of the six members were appointed by the caretaker governments of Madras, Bombay, Bengal and Agra.

c. It introduced a system of open competition as the basis for hiring company civil servants (Indian civil servants were open for all).

1858 Indian Governance Act

a. The company rules have been replaced by the rules of the Indian crown.

b. The power of the British monarch was exercised to be by the Secretary of

State of India.

c. He was supported by the Council of India, which has 15 members.

d. He was given full authority and control over the Indian administration   Viceroy on his behalf.

e. The governor-general became the viceroy of India.

f. Sir Cunning was India' s first deputy king.

g. Abolished the board of directors and the board of directors.

Council of India Act of 1861

a. It was the first institution such as Viceroy' s Executive + Legislative Council (informal) to introduce an Indian representative. Three Indians have joined the Legislative Council.

c. It stipulated that the Viceroy' s Executive Council should have some Indians as informal members while trading legislative business.

d. It gave the portfolio system statutory approval.

e. By returning legislative power to Bombay State and Madras State, we have begun the process of decentralization.

Council of India Act of 1892

a. Introduced indirect election (nomination).

b. Increased the size of the Legislative Council.

c. It expanded the function of the Legislative Council, discussing budgets and empowering the government to answer questions.

Council of India Act 1909

a. This law is also known as Molly Mentha Reform.

b. Direct election to the legislative council. The first attempt to introduce typical and popular elements.

c. The name of the Central Legislative Council has been changed to the Imperial Legislative Council.

d. The number of members of the Central Legislative Council has increased                          from 16 to 60.

e. By embracing the concept of " independent voters ", we introduced a system of co-representatives for Muslims.

f. First Indian in the Viceroy Executive Council. (Satyendra Prasanna Sinha, as a legal member)

1919 Indian Government Act

a. This law is also known as the Montagu-Chelmsford Reform.

b. The central subject was demarcated and separated from the local subject.

c. The scheme of dual governance, " Diarchy, " was introduced on the subject of the state.

d. Under the diarchy, the local subject was divided into two parts – transferred and booked. The governor was not responsible for the legislative council on the reserved subject.

e. For the first time, the law introduced a bicameral system in the center.

f. A legislative council of 140 members and a legislative council of 60 members.

Indian Government Act of 1935

a. The law provided for the establishment of the Dominion of India, which included the states and the princely state as a unit, but the envisioned federation was never enacted.

b. Three Lists: The law splits authority between centers and units into three list items: federal list, state list, and simultaneous list.

c. The centre’s federal list consisted of 59 items, the state list of states consisted of 54 items, and both simultaneous lists consisted of 36 items.

d. Residual rights were granted to the governor.

e. The law abolished the state' s triumvirate and introduced " state autonomy. "

f. It stipulated the adoption of diarchy at the center.

g. Bicameralism was introduced in 6 of the 11 states.

h. These six states were Assam, Bengal, Bombay, Bihar, Madras, and the United Provinces.

i. Provided for the establishment of a federal court.

j. Abolished the Council of India.

India Independence Act of 1947

a. It declared India as an independent sovereign state.

b. Establish responsible governments in both the center and the state.

c. He appointed the Lieutenant Governor of India and the Governor as the Constitution (normal chief).

d. It assigned the Constituent Assembly dual functions (members and legislature) and declared the Dominion Assembly as sovereign.

Key takeaways:

1.4 Emergency Provisions: National Emergency, President Rule, Financial Emergency, and Local Self Government – Constitutional Scheme in India

Urgent provisions are contained partially XVIII of the Indian Constitution, Articles 352-360. These provisions allow the central government to reply effectively to unusual situations.

The central government are going to be all strong in an emergency and therefore the state is going to be under the control of the union. The rationale behind the incorporation of those provisions of the Constitution of India is to guard the sovereignty, unity, integrity and security of the state, the democratic form of government and therefore the Constitution.

In this context, B.R. Dr. Ambedkar observed within the Constituent Assembly that:

"All federal systems are placed within the close sort of federalism that creates up America. regardless of the outcome, it cannot change its shape or shape. On the opposite hand, the Constitution of India may be a situation. counting on things, it is often both single and federal. it's usually configured to function as a federal system, but in an emergency the only system takes precedence. "

There are three sorts of emergencies under the Indian Constitution.

1. National Emergency: thanks to war, external attack, or armed rebellion (Article 352).

2. President’s Rule: thanks to a state constitutional mechanical failure, this is often commonly referred to as the "Presidential Rule" (Article 356).

3. Financial Emergency: thanks to India's economic immutability or threat to its credibility (Article 360).

A. National Emergency (Article 352):

This emergency occurs if the President is convinced that a significant emergency exists, which threatens the central government are going to be all strong in an emergency and therefore the state is going to be under the control of the union

All federal systems are placed within the close sort of federalism that creates up America. Regardless of the outcome, it cannot change its shape or shape

There are three sorts of emergencies under the Indian Constitution

1. National emergency

2. President’s Rule

3. Financial Emergency

This emergency occurs if the President is convinced that a significant emergency exists, which threatens

India or a number of India's security by either war or an external attack or armed rebellion. The President stipulates that an emergency declaration could also be made regarding: the entire of India or a neighbourhood of it which will be laid out in the proclamation.

If the president is convinced that there's an imminent danger of war, external attack, or armed rebellion, he can declare an emergency even before the particular outbreak. Therefore, the particular occurrence of the event mentioned within the art. 352 isn't required. An imminent risk of war, external attack, or armed rebellion is acceptable for declaring an emergency.

The President shall not issue a proclamation without consulting the Union Cabinet (i.e., the Council of Ministers and therefore the Prime Minister). it's been informed to him in writing that such a declaration could also be issued. this suggests that emergencies are declared only on the idea of the suitability of the cupboard, not just the recommendation of the Prime Minister.

At Minerva Mills Ltd V. Union of India

The court ruled that there have been no restrictions or restrictions on the review of the validity of the declaration of emergency issued by the President under Art. 352 (1). This declaration of emergency could also be challenged in court supported malicious intent, or because it's a totally irrelevant and irrelevant fact, or due to an absurd or twisted declaration.

However, the word "satisfaction" utilized in art. 352 doesn't mean the president's personal satisfaction, but the cabinet's satisfaction. the facility to declare an emergency can only be exercised by the President at the advice of the Council of Ministers.

Parliamentary approval and duration:

Prior to the 44th Amendment Act of 1978, the declaration of an emergency was initially valid for 2 months, but once approved by Congress, the emergency remains valid indefinitely as long as executives wish to continue. i used to be ready. The 44th Amendment reduced the executive authority to unnecessarily expand the operation of emergencies.

After the 44th amendment, urgent declarations shall be valid for the primary month and, if approved, such declarations shall remain valid for six months unless cancelled early. A resolution approving the proclamation must be gone by both parliaments by a special majority, a majority of the members of every chamber and a minimum of two-thirds of the members attending and voting in each chamber.

Parliamentary approval is required every 6 months to continue the emergency beyond the 6-month period. If the declaration was issued when Lok Sabha was dissolved, or if Lok Sabha's dissolution was made for 6 months without approving the declaration, the declaration will remain up to 30 days after Lok Sabha first sat down.

Cancellation of a national emergency:

A declaration of emergency may be revoked by the President at any time by a subsequent declaration, and the declaration does not require parliamentary approval. The President shall revoke the declaration if Lok Sabha passes a resolution disapproving it or disapproving its continuation. In this case, there will be a written notice signed by more than 1/10 of the total number of Lok Sabha members. Need to be notified:

1. If the House of Representatives is in a session, on the speaker, or

2. To the president if the house is not in session. Lok Sabha's special seats shall be held within 14 days of the date the speaker or President receives such notice for the purpose of considering the resolution.

3. A resolution of disapproval differs from a resolution approving the continuation of a proclamation in two ways:

4. The first one needs to be passed only by Lok Sabha and the second one needs to be passed by both parliaments.

5. The first one should only be done by a simple majority and the second one should be done by a special majority.

Impact of a national emergency:

1. Declarations of emergencies have a dramatic and widespread impact on the government's political system.

2. Results can be divided into three categories:

3. Impact on the Center-National Relations,

4. The impact on the lives of Lok Sabha and the Legislature

Impact on basic rights.

Impact on Center- State Relations: During the emergency declaration, the center-state relations undergo fundamental changes. This is going down:

Executive:

During a national emergency, the centre’s executive branch extends to instructing every state on how that executive branch is exercised. In general, unions can only give enforcement instructions to the state on certain specific matters. Therefore, the state government is not suspended, but is under full control of the centre.

Legislature:

During a national emergency, Parliament is empowered to enact legislation on subjects on the state list. The legislative power of the state legislature has not been suspended, but it is subject to the highest priority of the legislature. The legislation enacted by Parliament on national issues will not work after a state of emergency fails.

Finance:

While the State of Emergency is underway, the President can reduce or cancel the transfer of finances from the center to the state. All such orders of the President must be placed before both Parliaments.

Impact on the lives of Lok Sabha and the Legislature:

While the State of Emergency is underway, Lok Sabha's lifespan will also be extended by one year at a time, beyond the normal period (five years), by parliamentary law. However, this extension cannot continue for more than 6 months after the emergency has stopped working. Similarly, Congress can extend the regular term of the State Legislative Assembly (5 years) by one year each time. During a national emergency, subject to a period of at least 6 months after the emergency fails.

Impact on basic rights:

Articles 358 and 359 provide for the impact of a national emergency on basic rights. Article 358 deals with the suspension of basic rights guaranteed by Article 19. Article 359, on the other hand, deals with suspension of other basic rights other than those guaranteed by Articles 20 and 21.

Suspension of basic rights:

According to Article 358, the six basic rights under Article 19 are automatically suspended once a national state of emergency is declared. No separate order for suspension is required.

The 44th Amendment Act of 1978 limited the scope of art. Offering six basic rights under art 358. 19 will only be suspended if the state of emergency is claimed because of war or an external attack and not because of an armed rebellion.

Suspension of other basic rights:

In accordance with Article 359, the President is empowered to suspend the right to move courts to exercise his basic rights in the event of a national emergency. In other words, the basic right is not suspended on its own, only its enforcement.

Suspension of execution concerns only basic rights in accordance with Executive Order.

President’s Rule (Article 356):

The president may act on the basis of the governor's report, or may issue a proclamation if he is pleased that a situation has arisen in which the state government is unable to fulfil its obligations in accordance with the provisions of the Constitution. This concludes that the president can act without the governor's report.

Article 355 justifies the Center's obligation to ensure that the state government continues in accordance with the provisions of the Indian Constitution. In such situations, the presidential proclamation is called a "state constitutional machine failure proclamation."

By that declaration:

1. The President may transfer to himself all or any of the powers granted to the Governor or exercised by the Governor over anyone or authority in the State.

2. The President may declare that the powers of the State Legislature are exercised by or under the powers of Parliament.

3. The President may make consequential provisions that may be necessary or desirable to implement the subject of the proclamation.

4. The President may not assume the powers granted to the High Court by himself or suspend the operation of constitutional provisions relating to the High Court.

Parliamentary approval and duration:

The proclamation shall be submitted before each parliament for approval and shall continue to function for two months after the expiration of this period and after the proclamation ceases to function.

If the declaration was issued when Lok Sabha was dissolved, or if Lok Sabha's dissolution was made during the last two months without approving the declaration, the declaration will be up to 30 days after Lok Sabha first sat down. Will survive. After its reconstruction.

If the proclamation is approved by Parliament, it will continue to operate for six months. Congress can extend the proclamation period by six months at a time. After the expiration of a maximum of three years, the proclamation must remain in force for more than three years, neither Congress nor the President has the authority to continue the proclamation, and the constitutional mechanism must be restored to the state. It doesn't become.

Judiciary Guidelines for Imposing Presidential Rules:

S.R. Bommai V. Union of India, fact: 

C. Financial Emergency (Art 360)

This allows the President to declare a financial emergency if he is satisfied with a situation that threatens the financial stability or homeostasis or credit of a part of India or its territory. In other words, whenever the president claims that India's economy is at stake, he may declare this emergency.

Parliamentary approval and duration:

Declarations of financial emergencies must be approved by both Houses within two months of the date of issuance, with Lok Sabha being dissolved or Lok Sabha being dissolved at the time of the declaration. Once the proclamation is approved by both houses, the financial emergency will continue indefinitely and the timing will not be specified until it is revoked. You don't have to repeat parliamentary approval like the other two emergencies.

A resolution approving a declaration of a financial emergency can only be passed by a simple majority, that is, with the attendance of a majority of members and the exercise of voting rights. It is often revoked by the President at any time by a subsequent declaration. These declarations do not require parliamentary approval.

Impact of financial emergencies:

The impact of an economic emergency is as follows:

1. The President may withhold all money or financial bills after passing through the Legislature to maintain fiscal homeostasis and national credibility.

2. The President can give instructions on reducing salaries and allowances:

3. Any class of people who serve in the state.

4. All or any class of individuals serving the union and;

5. Judges of the Supreme Court and therefore the supreme court.

6. Therefore, during the declaration of a financial emergency, the union gains full control of the state in financial problems.

Criticism of financial emergencies:

1. The federal character of the Constitution will be destroyed and therefore all unions will be strong.

2. State rights are entirely given to union executives.

3. The president will be a dictator.

4. The financial autonomy of the nation is invalidated.

5. Basic rights become meaningless, which destroys the democratic foundations of the Constitution.

Conclusion

Urgent provisions have been amended under the Constitution for national security and public protection, but these provisions delegate excessive authority to executives. This affects the federal character of the Constitution and makes all unions stronger. The need for urgent provisions is understood, but some changes are needed in the mechanism so that there is no infringement of the basic rights of citizens and no abuse of authority given to executives for political purposes. On December 15, 1992, three BJP-controlled states, Madhya Pradesh, Himachal Pradesh, and Rajasthan, were subject to presidential rule, and these states did not implement the bans imposed by the Center for Religious Organizations in good faith. The parliament was dissolved because of the fact.

The main reasons the governments were dismissed were that the prime ministers of these states were associated with banned organizations and, secondly, that they encouraged Kar Sevaks to go to Ayodhya. Therefore, the premise was merely a suspicion that they might refuse to enforce the ban. There was no evidence that they did not follow the centre’s instructions.

The dismissal of the governments of Madhya Pradesh, Himachal Pradesh, and Rajasthan following the Ajodhya incident on December 6, 1992 was valid, and the enforcement of the president's rule in these states was constitutional.

"Secularism" is a fundamental feature of the Constitution, and state governments that act contrary to their ideals can be dismissed by the president.

On religious issues, the nation had no place. You cannot be a political party and at the same time a non-secular party.

Local Self Government – Constitutional Scheme in India.

Local autonomy is a concept that refers to the governance of local residents in the area. Given the number of Indian villages that are currently not fully connected to urban areas and are often ignored by the government, they have the concept of local autonomy to be properly represented even in rural areas is essential.

In the prehistoric era, the local government, the Panchayati system, played a major role in solving the problems of the common people.

The Panchayati Raj system is a three-tier system within the state where organizations are elected at the village, talc, and district levels. It ensures more participation of people and more effective implementation of rural development programs. Villages or groups of villages include a Grama Panchayat, Taluk level, and district level Zilla Panchayat. India has a history of the Panchayati system and a past empire to a third-tier, modern, legalized governing body with constitutional support.

In 1865, the East Indies company passed the same resolution, stating that local issues should be left to the local governing body. Because they can handle the same thing. Later, various committees such as the Royal Commission, the Government of India Act 1935, and the Simon Commission referred to the spread of power. Nevertheless, it should be noted that under colonial rule, local governments were never independent and under the control of state authorities.

Post – Independence Situation

After independence, India was declared a democratic and federal state. As she began to develop, urbanization progressed, creating two territories, two territories. "City" and "region". The increased workload and the communication gap between the government and the citizens of the country created the third layer of government, the Panchayati system, or more precisely local autonomy.

In India, there are usually two types.

a. Local autonomy

b. City autonomy

In rural areas, it is recognized as the Panchayati system, and in urban areas, it is recognized by the local government or local government. Local governments are in direct contact with people. It is the lowest level of government, maintaining one-on-one contact with people in their area and supporting their representatives. Municipalities have been recognized by the Constitution through amendments to Articles 73 and 74.

India enacted a constitution, which came into force in 1950. After independence under Article 40 of the Indian Constitution, the state must encourage the introduction of an independent body as Garmin Panchayat. The first five-year plan that mentions the dissemination of power that reflects the concept of development. Various committees have been set up for local autonomy.

a. Balwant Rai Mehta Committee: In 1957, the Balwant Rai Mehta Commission investigated community development projects and national dissemination services, ensuring the continuity of the process by which the movement leverages local initiatives and improves the economic and social conditions of rural areas. We evaluated the degree of success in creating a system for this. The Commission has determined that community development is deep and lasting only if it is involved in the planning, decision-making, and implementation processes.

Here are some suggestions:

i.        Early establishment of elected local governments and delegation of            necessary resources to them,

ii.                 Power and authority,

iii.               The basic unit of democracy

iv.               Decentralization was at the block / summit level, as the jurisdiction of the local government cannot be too large or too small. The block was large enough for administrative efficiency and economic efficiency and small enough to maintain a sense of public involvement,

v.                  Such institutions must not be constrained by government or excessive control by government agency

vi.               The organization must consist of five years by indirect elections from the village Panchayat.

Its function is

b. Ashok Mehta Committee: Established in 1977, it suggested the need for a two-tier system of governance at the ground level.

The Janata Party's administration at the center in 1977 gave a serious view of the weaknesses of the Panchayati function.

It was decided to appoint a high-level committee under the chair of Ashok Mehta to consider and propose measures to strengthen the PRI. The Commission needed to evolve PRI's effective decentralized development system. They have made the following recommendations:

a)     A district is a viable administrative unit. Which plans, adjustments, and    resource allocations are feasible and technical expertise is available

b)    Two PRIs, as a Tier system, Mandal Panchayat on the base, Zilla Parishad on the top,

c)     PRIs are capable for resources available to them,

d)    District planning needs to take care of the city-Countryside continuum,

e)     Representatives of SCs and STs in population-based elections for PRI.

f)       Four-PRI annual period,

g)    Participation of political parties in elections.

Financial delegation must promise to embrace its much development. Functions at the district level are performed by Panchayati. Karnataka, Andhra Pradesh and West Bengal have passed new legislation based on this report. However, political flow at the state level did not allow these institutions to develop their own political dynamics.

c. G.V.K. Rao Committee (1985)

The G.V.K. Rao Committee has been appointed to revisit various aspects of PRI. The Commission was of the opinion that PRI must take the large picture of rural development that it must play a central role in handling people's problems. We recommend the following:

Organization, Planning, implementation, and planning, implementation, and

ii.                 PRI below the district level

Rural development program monitoring, and

iii.               The lock development office must be the spinal cord of the rural development process.

d. L.M. Singhvi Committee (1986)

The L.M. Singhvi Committee studied the Panchayati system. Gram Sabkha was seen as the foundation of decentralized democracy, and PRI was seen as an autonomous body that actually facilitated people's participation in the planning and development process. Recommendation:

i. Local Self-Government should be constitutionally recognized, protected and guarded by including a replacement chapter within the Constitution.

ii. Non-Political Participation in the Panchayat Elections Proposals to give Panchayat constitutional status were opposed by the Sarkaria Commission, but especially in the late 1980s, Prime Minister Rajiv Gandhi made the 64th Constitutional Amendment Bill in 1989. The 64th Amendment Bill was drafted and introduced into the House of Representatives. However, it was defeated in Large Yasaba as unconvincing. I also lost the general election. In 1989, the National Front submitted the 74th Constitutional Amendment Bill, which couldn't be passed thanks to the dissolution of the 9th Lok Sabha. In developing the new Constitutional Amendment Act, all of these various suggestions, recommendations, and means for strengthening PRI were considered.

e. Sarkalia Commission: Established in 1983, it was observed that the dissemination of power to the ground level would not be effective until the management of villages, or rural areas, was improved.

The 73rd Constitutional Amendment Act

The idea that created the 73rd amendment

 Rather than responding to grassroots pressure, the growing awareness that institutional initiatives over the last decade have not materialized and that rural poverty is still too great to reform existing government structures. It was a reaction. It's interesting to note that this idea evolved from the center and state government. It was political motivation to see PRI as a solution to the government crisis India experienced. The 73rd Amendment Act, passed by the Government of Narasin Harao in 1992, came into effect on April 24, 1993. It was intended to provide constitutional sanctions to establish "grassroots democracy at the state or national level". Its main features are:

Panchayat is expected to play an effective role in planning and carrying out work related to these 29 items.

Key takeaways:

References: