Constituent Assembly and achievements of Indian politics:
For an independent nation, an independent constitution has its own specific importance and its constitution is framed by the Constituent Assembly. In this way, the importance of the constitution becomes clear that in any independent country there is a Constituent Assembly. The demand of the Constituent Assembly through elected representatives is in some way a demand for the independence of that country.
The inspiration of this Constituent Assembly is the democratic revolutions of the 17th and 48th centuries. It started with the idea of the egalitarianism of England and the constitutionalism of Daenerys Main. It was first implemented in America and France. The idea of Pandit Jawaharlal Nehru in relation to the Constituent Assembly of India is also important. In which he has stated that "a dynamic nation is one who removes his old dress and makes a new dress for himself. It is a group of citizens of the nation working through elected representatives".
The demand for a Constituent Assembly in India was a demand for freedom. This means that the people of India should decide their own political future. Bal Gangadhar Tilak first expressed the idea related to the Constituent Assembly in 1895 AD. Whose philosophy is seen in the 'Swaraj Bill'. After this, in 1922 AD, Mahatma Gandhi expressed his views regarding the Constituent Assembly and said that "Indian Constitution will be as per the will of Indians." Subsequently, in 1924, Pandit Mottilal Nehru demanded the creation of the Constituent Assembly before the British Government. It was formally rendered by ML Ram and the idea was extended by Pandit Jawaharlal Nehru. Due to this, the Congress formally announced that "If India gets an opportunity for self-determination, then a representative assembly of people of all views of India should be called." Who can make the constitution with a unanimous consensus and that will be the Constituent Assembly. "
Influenced by this idea, several provincial legislatures and the Central Legislature passed such resolutions. Special discussion was held on the session of the December 1936 Lucknow session. This demand was repeated in the Congress Session of 1937 and 1938 AD. In 1938, a resolution was passed stating that "Constituent Assembly is the only remedy for constitution of an independent country. Only those who do not believe in democracy and freedom can oppose it." The demand for the Indian Constituent Assembly was opposed by some of the states ruled by the British. Earlier the Muslim League also opposed it, but in 1940 it started demanding two separate Constituent Assemblies for the rendering of Pakistan. Due to the Second World War and national-international pressure, the British Government gave their consent to this proposal in 1940 AD. According to the plan, it was clarified, but Ye opposed by Gandhi said that the proposal "Cripps mission is like the Cheque of the bankrupt bank, which cannot be redeemed. Subsequently, in the Cabinet Mission Plan of 1946 AD, it was given practical form by accepting the proposal of the Indian Constituent Assembly.
The Cabinet Mission reached Delhi on 24 March 1946 and on 16 May 1946 AD, the Mission published its plan. The Mission recognized that in the present context it is impossible to constitute a Constituent Assembly by voting in nation. Therefore, the provincial legislative assemblies have been used as electoral institutions.
This Constituent Assembly consists of 389 members, including 292 representatives from the British provinces, four chief from missionary areas and 93 representatives of native states. In this plan, the following facts were emphasized: -
1. The population base will have to be formed for the representatives of the provinces and there will be one representative for every 10 lakhs.
2. To select representatives, the castes in the province were divided into three parts: - Ordinary, Muslim and Sikh (Punjab only).
3. Population was considered as the basis for the selection of representatives of the princely states.
4. The proposal provided for a separate constitution for the province. This proposal was accepted by the Congress Muslim League and other small parties.
According to the Cabinet Mission Plan, the elections to the Constituent Assembly were held in July 1946 and as a result the following picture came out :-
- Unionist party-04
- Unionist muslim-04
- Unionist schedule caste-0
- Untouchable Union-04
- Krishak Praja Party-04
- Sikhs (other than Congress) -04
- Communist – 01
- Independent – 08
After assessing the position of its party, the Muslim League decided to boycott the Constituent Assembly and in its first meeting on 9 December 1946, the Muslim League demanded the separate Constituent Assembly for Pakistan. In this meeting, Dr. Rajendra Prasad was elected as its permanent member as Executive Chairman. B.N. Rao was constitutional advisor to the Constituent Assembly. On 13 December 1946, Pandit Jawaharlal Nehru proposed his objective before the Constituent Assembly. The proposal was discussed till 19 December. This resolution was passed by the Constituent Assembly on 22 December 1947 AD. The points of this proposal were based on the following facts: -
1. India will be a full-fledged republic; it has to form its own constitution.
2. The union of British India, the territories of Indian princely states, and the regions outside these two who want to join India, all have to form a union.
3. All the territories under the Union shall be autonomous bodies, whose boundaries shall be determined by the Constitution.
4. The public will be the source of all the power of the Union or the states.
5. Political justice, equality of post, opportunity and laws, freedom of thought, speech, expression, business, union formation and work will be provided under law and social ethics.
6. Proper arrangements will be made to protect the interests of the backward castes and scheduled tribes.
7. Arrangements will be made to protect the integrity of the state of India and its integrity over land, water and air.
8. India will always strive for world peace and human welfare.
After the acceptance of the proposal, various committees were also formed for different aspects of the constitution of the Constituent Assembly, which are the following fact: -
- Union Constitution Committee
- Provincial Constitution Committee
- Union power committee
- Consultation Committee related to the rights, minorities etc.
- Drafting committee
- Committee for talks with the princely states.
Bhimrao Ambedkar was made the chairman of the drafting committee of the constitution. After much deliberation, the proposal was made, published in February 1948, it had 345 sections and 8 appendices. It was placed before the Constituent Assembly on 4 November 1948. This was considered for 144 days and 2473 Amendments introduced. After several amendments on 26 November 1944, it was finally accepted and on this day, we celebrate it every year as ‘Republic Day'. It had 395 sections and 8 appendices. This constitution came into force on 26 January 1950 across India. This work was done as a result of hard work of 2 years 11 months and 48 days and a sovereign 'nation of India' emerged on the world map.
Conclusion: As a result, the importance of the Constituent Assembly is widely seen in front of us and the creation of the Constitution of India is the result of the tireless labor of this House. Although it is criticized due to the large number of Congress members association, But it has given special attention to many aspects in the framing of the Constitution of India and has tried to connect the country and make a good constitution in India, There should be no doubt about it. The change of the Indian political system and the present system is the result of the Constituent Assembly itself.
Philosophical, social and economic elements of the Indian Constitution: -
Under the framing of the Constitution of India, incorporating the views of many prominent scholars and the basis of their predominance of ideas, it shows the philosophical aspects of the Constitution of India. For example, we get a glimpse of Mahatma Gandhi's concept of world peace, Panchayat Raj and establishment of a democratic state under the constitution of present India. Apart from this, the emphasis on removing their discriminatory policy, that is, the policy of giving participation to the lower and weaker sections in governance is also seen under the Constitution of India that also shows along with the political philosophy of the Constitution of India as well as philosophical philosophy. Apart from this, the statement given by Pandit Jawaharlal Nehru on the purpose of the Constituent Assembly on 13 December 1946 on the Panchsheel principle is also a philosophical element of the Indian Constitution. Apart from this, the influence of Ambedkar's ideas also shows the philosophical aspect of the Constitution of India. Also, the policy of national integration of Sardar Ballabhai Patel is also a major part of the philosophical aspect of the Indian Constitution.
Apart from this, as far as social facts are concerned, the right to equality and socially conferred comprehensive rights of all the disadvantaged sections before the law and the adoption of 'socialism' as a pillar of India is also a major social fact of the Indian Constitution. The discrimination-free policy also reflects this fact. All these facts are found in the Preamble of our Constitution and the fundamental right received by the citizens.
In addition, mixed-economy has been adopted in India. Our constitution has also been talked about by bringing the economically weaker sections into the paradigm of development and their comprehensive development. We currently have economic rights in the category of 'legal rights'. Earlier it came under the right to property under the fundamental right. Under this area, we get to see the consolidation of the economic ideas of Gandhi and Nehru under the Indian Constitution.
Conclusion: - We can say that under the Constitution of India, there is no doubt that attempts have been made to combine philosophical, social and economic elements in a very good and practical way.
- Fundamental rights have a major contribution in the all-round development of citizens of any independent nation. These are the basic rights, which are provided by the constitution of any country for the all-round development of its citizens. As far as Fundamental Rights are concerned in India, it has been explained in Articles 12 to 35 under Part-3 of the Constitution. The fundamental right in India is taken from America. This right is much broader than all the nations of the world.
Demand for Fundamental Rights in India: -
In India, these rights have been demanded even before independence. These rights were first demanded in an all-party conference since 1928. This type of right was demanded in 1934 to protect the minorities. After this, in 1933, Congress demanded economic rights. Its demand also arose in the Constituent Assembly and a related committee was formed under the chairmanship of Sardar Vallabhai Patel and after independence, the citizens of India got this right. The fundamental rights have been extensively interpreted in the Article-II of the Indian Constitution. Initially the number of these fundamental rights was 7, but by the 44th constitutional amendment of 1978, the fundamental right to property has been abolished and the status of 'legal right' has been made under Article (300A) of the Constitution.
The term 'State' has been discussed under Article 42 of the Constitution. Under this 'state', the entire legislative, executive and judicial system of the central and state government has been extensively analyzed. It has been discussed under Article 43 that the laws before independence are invalid after the Constitution is implemented.
The judiciary has been entrusted with the protection of Indian privileges.
Types: - Different types of Fundamental Rights are: -
- Right to equality:
It is a major fundamental right. Its Article 14-18 of the Constitution
Extensive deliberation has been done.
(A) Under Article 14 of the Constitution, equality before the law is described. According to the constitution of India, all citizens of India are equal and whether it is rich or poor, all have been provided for equal protection under the law.
(B) Article-15 of the Indian Constitution talks about social equality. It states that there will be no difference on the basis of religion, origin, clan, sex or any other basis by the state and even in public places, there will be no discrimination on the basis of these facts.
(C) Equality of opportunity has been talked about in public welfare planning under Article 16 of the Constitution. Apart from this, it has also been arranged that on the basis of social, economic and backward classes educational etc., the state can also make special provision. The system of reservation can be considered as an example of this.
(D) Under Article 17 of the Constitution, arrangements have been made to eliminate un-touch ability from the society. The matter of establishing equality has also been made under the Article of the Constitution.
(E) With the objective of establishing social equality under Article 18 of the Constitution, the emphasis has been on ending the titles. But academic titles have been kept separate.
The right to freedom is described under Articles 19 to 22 of the Constitution. The following types of freedom have been provided under Article 19 (1) of the Constitution: -
19 (A) – According to this every citizen has been provided freedom of speech and expression of speech. In this, the freedom to express thoughts has been provided by publication of newspapers and books. But in the interest of the country and in the interest of the society, these freedoms can also be banned by the government.
19 (B) - Under this, every citizen has the right to hold peaceful assembly and conference without arms. These rights can be considered as complementary to the fundamental rights related to speech and expression. But Sikhs have the right to hold conferences with swords on the basis of their religious beliefs.
19 (c) - Under this article every citizen has the right to form a union. Any citizen can become a member of any community as per his wish and can form his union according to the interests of the country.
(19) - Accordingly, every citizen of India has the freedom to go anywhere in the whole of India.
(19) - Accordingly, every citizen has the right to temporary or permanent residence at any place in the Indian territory and to sell "acquired property" at one place.
(20)- It has been emphasized on the fact that every person can be punished only if he commits a crime and a law is violated. There is a right or provision to punish one time for one type of crime. Apart from this, unless someone's crime is proved, he cannot be punished. Also, a person cannot be compelled to prove his crime against him. In addition, a person can be punished only in proportion to the crime committed by him.
Article 21 - Under this, citizens have the freedom of life. That is, the life of any citizen cannot be ended unless he has committed a crime.
Article 22- Under this, protection of arrests and detention has been provided to citizens and non-citizens in certain cases. It has 7 parts. Part-4 and 2 are related to the rights and protection of the arrested persons. Parts 3 to 7 provide for preventive detention. When a person is arrested, it is mandatory for the person to give his / her reason. With this, the arrested person has the right to speak to a lawyer and they will have to appear in the nearest court within 24 hours. Citizens of enemy country do not have this right.
Articles 23 and 24- Under this, citizens have the right against exploitation. Under this, there is a provision for ban on forced labor to work for children below 4 years and the end of social evils.
Article 25 and 28- Under this, according to Article 25, all the people have the right to adopt religion according to their wish and faith and work accordingly. Under Article 26, all people have the right to open their own religious institutions and make donations. Under Article 27, it has been said that the state will not protect any particular religion on its behalf. Article-28 states that the state will not impart religious education in any of its institutions. Thus Article-25/28 indicates religious freedom.
Article 29 and 30- The rights related to culture and education has been mentioned under it. Under Article 29, the right to protect the language and culture of minorities has been given. According to Article 30, every person can open a religious institution according to his religion and states are also empowered to arrange education for minorities.
Article-31 - Under this, citizens had the right to property before 1978. But under the 44th Constitutional Amendment, it has been abolished and given legal status under Article 300 (A).
Article -32 is the most comprehensive right. This is called the right to fundamental remedies. Under this, the court is the guardian of fundamental rights. It is empowered to issue the following five writs: -
(A) Habeas Corpus: - Under this, arrangements have been made to produce the prisoners in the nearest court within 24 hours.
(B) Prohibition - It is a judicial article under which the High Court prohibits the lower court from performing the functions it does not have the right to.
(C) Mandate: - Under this, public officials are given orders to comply with their obligation.
(D) Induction: - Under this, the High Court takes the case of the lower court and gives the necessary instructions. The High Court has to send the necessary documents to the High Court.
(E) Rights page: - Under this, the court looks at whether a person or a public official who is working is compatible with his jurisdiction.
Conclusion - We can say that the citizens of India have been granted broad fundamental rights. These can be postponed in times of crisis. But they have a wide contribution in the social and legal development of the person. There is no doubt about it.
Fundamental Duties: -
There is a wide relation between rights and duties. The Indian constitution had a system of fundamental rights, but there was no system of fundamental duties. This arrangement was added under Article-51 in Part-4 (a) of the Indian Constitution on the recommendation of the 'Swarn Singh Committee' under the 42nd Constitutional Amendment (1976). This system was derived from the Constitution of Russia. The 10 fundamental duties are as follows: -
- It is the duty of every citizen to follow the constitution. Honor the national flag and national song.
- Adhere to and embrace the high ideals of national independence.
- Protect India's unity, sovereignty and integrity.
- Protect the nation.
- Develop a sense of equal fraternity among all citizens of India.
- Maintain the proud tradition of the nation's integrated culture.
- Follow and preserve the natural environment.
- Develop scientific outlook and curiosity.
- Protect public property.
- Work towards achieving the goal of individual and collective growth in all directions.
In conclusion, we can say that even though there is no provision of punishment for their violation, they have a special contribution in promoting the unity, integrity, security and mutual brotherhood of the country, as it shows their specific importance.
There are many types of problems. In which cooperation is most important by the government.
We can say that the city as well as the government in the systematic operation of cities
The corporation also has a wide contribution. Therefore, it has a wide importance from ancient times to the present.
For this, special importance has been given to them by giving them constitutional status through the 74th Amendment Statutory Amendment.
Under the Indian Constitution, the Directive Principles of State Policy have their own special significance. It means that the manner in which the administration should be conducted is directed under this policy-directive element. As far as the Constitution of India is concerned, this system has been taken from the Constitution of Ireland and it has been discussed extensively under Part-4 of the Constitution, in addition to Article 36 C to 54 of the Indian Constitution. It has been arranged under it. The First President of India, Dr. According to Rajendra Prasad, "The objective of the Directive Principles of State Policy is to create a social system that encourages the welfare of the people."
Based on the article of the Directive Principles of Policy, the following is as follows: -
- Article 36 - Definition of the Directive Principle of State.
- Article 37 - Application of the subjects of Part-4.
- Article 38 - Creating necessary social conditions for public welfare.
- Article 39- Some policy elements to be adopted by the state.
- Article 39 (A) - Equal justice and free legal aid.
- Article 40- Organization of Gram Panchayats.
- Article 44 - Right to work, education and public assistance in certain cases.
- Article 42 - Provision for legitimate humane conditions of work and maternity relief.
- Article 43 - The subsistence wages of workers etc.
- Article 43A - Participation of workers in management of industries.
- Article 44- Uniform Civil Code for citizens.
- Article 45 - Provision for free and compulsory education for children.
- Article 46- Under this article, the increase of education and economic interests of scheduled castes, scheduled tribes and other weaker sections.
- Article 47 - Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
- Article 48- Organization of agriculture and animal husbandry.
- Article 48A - Protection and growth of environment and protection of forest and wildlife
- Article 49- Protection of monuments, places and objects of national importance.
- Article 50- Separation of judiciary from executive.
- Article 54 – Encouragement of international peace and security.
The classification of Directive Principles is as follows:
1. Economic policy related:
Those elements have been placed under this category, which aims to establish economic democracy in the state. There are 39, 34, 42, 43, 46, 47 and 48 under these articles of constitution. These articles of the constitution emphasize that the economic needs of citizens should be met. Under this, all the citizens of the state have the right to get the means of livelihood and the state will also try to prevent starvation etc. Apart from this, equal pay has also been arranged for men and women for equal work. The details of panchayat democracy are also under these elements. The state will have to make such arrangements that citizens get the opportunity to work mentally and the women can get help at the time of delivery. Economic resources should be used for universal welfare. Also, emphasis was laid on agriculture and animal husbandry.
2. Social and education related: -
The objectives of social and education related elements, which have been formulated, are the establishment of public welfare. There should be a kind of law system in the entire country, the basis of which is not religion. It is the responsibility of the state to implement free and compulsory education system to children up to the age of 14 years. In this regard, the system of right to education has been established at present. It will also be the responsibility of the state to provide good health to the citizens. Protecting historical heritage will also be the responsibility of the state.
3. Governance elements:
Elements of governance have also been arranged under it. As an example, under this we separate the executive and judiciary etc. Apart from this, the organization of Gram Panchayats also comes under this, which is currently made mandatory by the 73rd Constitutional Amendment.
4. Elements related to international peace and security: - There are such principles in this class, which are related to world peace and human welfare. The constitution states - "The state shall endeavor to establish justice and respectful relations between various nations, respect international law and constitution to maintain international peace and security, and shall endeavor to resolve international disputes by arbitration."
The implementation of these has been seen that under 39B, the Constitutional status of Gram Panchayats has been given under the 73rd Constitutional Amendment 1993 under the Elimination of Zamindari and 40.
Comparison with Fundamental Rights: -
Both fundamental rights and directive elements are intended to pave the way for social, economic and political development of citizens and nation. Yet there is a lot of difference between them. The basic rights are of negative nature, while the directive element is positive. The system of Fundamental Rights imposes restrictions on the state, while the Directive Principles direct the state to do certain things. There can be a moratorium on fundamental rights, but directive elements of policy cannot be postponed. The field of directive elements is more extensive and important than fundamental right which has been confirmed by the Supreme Court in 1951 AD under the dispute of Champaran vs State of Madras.
In conclusion, we can say that even though these elements do not have legal rights, but they have wide importance, there is no doubt in this because they are very important in establishing a democratic state.
4. Center-State Relations
The executive is an important part of the three major organs of government. The executive has the responsibility of governing the administration. The governance of India is governed by the executive on the basis of the constitution and the prescribed rules.
It is clear here that the same system of parliamentary governance has been adopted in India as in Britain. Thus, the system of two types of heads of governance is seen under India: -
1. The nominal formal and constitutional head, namely, the President.
2. The Prime Minister of the Cabinet means the de facto head of the nation.
We can study the Indian executive by dividing it into the following parts: -
The President of India is a nominal, formal and constitutional head. Indian rule is administered in the name of the President. But in reality, governance is administered by the Prime Minister.
Under Article 6-52 of the Indian Constitution, it has been said that there will be a President of India. Its main qualifications are as follows: -
- She/he should be a citizen of India
- Age should be 35 years
- Qualifies for membership of Parliament
- Do not work in any beneficial post under the treaty or state
- Do not be insane or insolvent
Tenure: - The term of the President is 5 years and it can also be re-elected.
Salary and Allowance: - At present, the President gets a salary of 5 lakh rupees. Apart from this, other allowances, medical etc. are also provided.
Immunities: - The President also has special powers and cannot be prosecuted in any way while holding the post of President. Any type of action can be taken by giving 2 months prior notice.
Election process - The President is elected by an electoral board. It consists of a single transferable vote through secret voting method by proportional representation by the elected members of both the Houses of Parliament and the State Legislature. The vote number of each member is determined as follows: -
1. Each elected member of a state's assembly shall have the same number of votes as may be obtained from a 1000-fold quotient, which is derived by dividing the population of the state by the entire number of elected members of that assembly. Like:
Total population of the state / (Number of elected members of state assembly / 1000)
After counting the number of votes of each elector of the state by one thousand times the number of votes if the balance is not less than 500 then one more will be added to the number of votes of each member.
2. Thus, when the number of votes of all the states is obtained, the number of the sum of all those divided by the total number of elected members of both houses will be the number of votes of each member of Parliament, the incomplete number which is more than half is considered one, less will be left out, such as: -
The vote of the elected members of the Legislature of all the states / Total number of elected members of both the houses of Parliament.
Impeachment of votes of each elected Member of Parliament:- The process of impeachment has been adopted by Parliament to remove the President. It has been widely interpreted under Article 664 of the Constitution. This process can be initiated in any House of Parliament.
- Legislative powers: -
The President has major authority in this regard. Whether it is general or a proposal related to finance or amendment of the constitution, all proposals can take the form of law only after the approval of the President. The convening of the sitting of Parliament or the incarceration is done by the President.
The Indian Parliament consists of the President, Lok Sabha and Rajya Sabha. But in practice the President functions in the end as per the proposal of the Union Cabinet.
2. Executive related: -
The executive powers of the country are vested in the President and its deliberations have been done under Article 53 of the Constitution and It has been said that according to the constitution all the executive work will be done in the name of the President and the appointment of all the officials and the appointment of the Prime Minister who is the leader of the majority party of Loksadan is done by the President. But in general practice this condition is also used by the Prime Minister and the Cabinet.
3. Judicial powers: -
The Chief Justice and other judges of the Supreme Court and the Chief Justice and other judges of the High Courts of the States are appointed by the President. The President also has the right to waive the death penalty. But in practice, the Prime Minister also uses these powers and without the advice of the Prime Minister, he cannot take any decision by himself.
4. Military Powers: -
The President's place in this area is important. He appoints chiefs from all three, water, land and air and is the highest commander of the three armies. But in practice, this power is also used by the Prime Minister.
5. Diplomatic powers: -
The country is represented by the President. Ambassadors, diplomatic representatives and commercial envoys are appointed by the President. Agreements with foreign countries are also done in the name of the President. But in practice, this power is also used by the Prime Minister.
6. Related to consultation with Supreme Court: -
The President may consult the Chief Justice of the Supreme Court under Article 443 of the Constitution on any legal and other issues, if necessary. But to accept or not to consult it depends on the will of the President.
7. Emergency Rights:
The President of India enjoys wide authority in this field and this right is derived from the Weimar Constitution of Germany under the Indian Constitution. Their description is as follows: -
- Crisis arrangement related to war, external invasion or armed rebellion: -
Article 352 of the Constitution of India provides that if there is a situation of crisis under any part of the nation or the entire country due to war, external invasion or internal unrest, then the President Can thus declare a Emergency period.
But the 44th Constitutional Amendment (1978) provided for a strong rebellion in place of internal unrest. Also, a provision was made that this type of emergency would be implemented only on the written proposal of the Cabinet and it would be necessary to pass the resolution with a two-thirds majority of the Parliament within a month. In addition to this, to increase the time frame of the crisis, approval of Parliament will also be required within 6 months. In addition, according to this amendment, such a crisis system can also be heard under the Supreme Court. When such a declaration is implemented, the right to freedom will be postponed. But life and personal freedom will remain intact.
2. Emergency system in case of failure of constitutional machinery in states: -
This type of arrangement is done under Article 356 of the Constitution. If the constitutional system of a state is disturbed and there will not be possible to form a government there, then in such a situation a emergency will be declared and the Central Parliament will get the right to make laws for that respective state. It is prescribed for applicable emergency. All the legislative and executive powers of the state concerned will be abolished except the High Court. In practice, It is also used by the Union Cabinet.
3. Financial emergency:
This type of arrangement is done under Article 360 of the Constitution. According to this, if the financial system of the entire country or a state is in danger, then the financial emergency can be declared by the President. But till date it has never been used.
In conclusion, we can say that the President is the highest post in the country and symbolizes the dignity of the country. Under the parliamentary system of government, the post of President may be nominal and constitutional head of nomination, but their importance is not lacking.
A Vice-Presidential post has also been arranged under the Indian Government system. Its role is seen as the ex-officio Chairman of the Rajya Sabha and the Acting President. The Vice-President's post has been arranged under Article 63 of the Indian Constitution. This is a unique system and there is no other such system in the world.
The following qualifications are described under the Indian Constitution:
1 be a citizen of India.
2 age should be 35 years.
3 Qualifies for membership of Rajya Sabha.
4 He should not be working in any beneficial post under the Central or State Government.
5 Do not be insane or insolvent.
The Vice President is elected by members of both the Houses of Parliament. Election is done by secret voting from a single transitive method based on the proportional representation system.
It has tenure of 5 years and can be re-elected to this post. The Vice-President may also be relieved of his post by voluntarily resigning before his term or may be removed on the basis of the proposed resolution on the basis of majority of the Parliament. For such a proposal, it is necessary to inform the Vice-President 14 days in advance.
Salary and Allowances: -
At present, four lakh rupees per month salary is given to the Vice-President on the basis of the seventh pay scale. Apart from this, other allowances and facilities are also given.
Rights and Functions: -
The Vice-President has the following powers: -
- Presidency of Rajya Sabha: -
The Vice-President is the ex-officio President of the Rajya Sabha. He presides over all the meetings of the Rajya Sabha but does not participate in debate. If there is an equal opinion on any subject in the House, then it also has the right to vote decisively in such a situation. He also presides over the Rajya Sabha from time to time. In such a situation, there is a similarity in this situation when comparing the Vice President of India to the Vice President of America.
2. Acting role of the President: -
If for any reason the post of President of India is vacant, then in such a situation the role of acting President is played by the Vice-President. During this period, the Vice-President gets all the salary and other facilities that the president gets.
In conclusion, we can say that the post of Vice-President of India is a post of great importance and dignity. He holds the second important position after the President. Although the parliamentary governance system has been adopted under India, but the sub-national also has its own importance.
Parliamentary governance system has been adopted in India in the same way as Britain. For this reason, the post of Prime Minister is very important under India. Article-74 of the Constitution states that "The President shall have a cabinet to assist him in his work." Again under Article-75, it has been said that the Prime Minister will be the real President. The Prime Minister is the leader of the majority party of Loksadan, and is appointed by the President.
1 be a citizen of India.
2 qualify for membership of the Lok Sabha.
3 age should be 25 years.
4 Do not hold any beneficial post under the Government of India and the State Government.
5 Do not be insane or insolvent.
Salaries and Allowances: -
At present, the Prime Minister is paid 4,680,000 (one lakh and sixty thousand rupees) salary and other allowances.
The term of the Prime Minister is for 5 years and he can also be elected to this post again. He can resign voluntarily or resign if he does not have a majority in the Lok Sabha. Apart from this, he can work on this position without being a member of any House for 6 months, but within 6 months he will have to take membership of any House of Parliament.
Rights and functions: -
The Prime Minister of India has very wide and important powers. Being a parliamentary system of governance, it is the de facto head of government and the President is obliged to accept his consultation under Article 78 (b) of the Constitution. Its main rights are as follows: -
- Executive related: -
The Prime Minister enjoys wide authority under this area. All the members of the Council of Ministers are appointed by the President on the advice of the Prime Minister. At the same time, the role of the Prime Minister is the most important in the appointment of all the major high officials of the country and the Chiefs of Army, Judges etc. and the President performs all the work on the advice of the Prime Minister under this area.
Thus it is clear that the Prime Minister has wide authority in this area. Where in India the President is the head of principle, in general practice, the Prime Minister exercises practically all the powers of the President.
2. Leader of the Lok Sabha: -
The Prime Minister is the leader of the Lok Sabha. By this, major policies of the government are announced under the House. The Prime Minister also gives an explanation of the speech given by his other colleagues in the House. Apart from this, the proposal to dissolve the Lok Sabha is given to the President by the Prime Minister.
3. Presiding over the cabinet: -
The Prime Minister also presides over the meetings of the Council of Ministers, especially the meetings of the ministers of the ministerial level, if a department does not have a ministerial level minister, then the Minister of State can attend the meetings of the ministers holding independent charge. Various portfolios of ministers are also distributed by this and when needed, the Prime Minister also intervenes in their work and reviews their work. He acts as a link between the Cabinet and the President and as per his suggestion, the President appoints the members of the Council of Ministers.
4. Legislative and Financial Powers: -
The Prime Minister also enjoys wide authority under this area. The Prime Minister has an important role in proposing and passing the bill related to various legal works, constitution amendment and budget.
Thus, it is clear that the Prime Minister has a wide and important place in this field as well.
5. Representation of India in the international world: -
The Indian Prime Minister represents India in the international world. All foreign affairs are determined under his direction and he participates in the International Conference as the highest representative of India. He also makes treaties and agreements with various nations according to their interests. He is the main spokesperson of government policies both in the country and abroad.
6. Emergency powers-
The Prime Minister of India also enjoys broad and important rights under this area. The President declares emergency under Article 352,356,360 of the Constitution on the advice of the Prime Minister.
In conclusion, we can say that the office of the Prime Minister of India is very influential and he comes before us as the supreme ruler of the country. At the same time, the role of head of state is also played by the Prime Minister. Thus, the Prime Minister is the supreme powerful leader of the country, there is no doubt about it.
Legislature: - (Lok Sabha and Rajya Sabha)
The position of the legislature is important among the three organs of government. Its function is to construct various laws etc., as per the Constitution. The name of the legislature of the Government of India is 'Parliament'. Its two main organs are 'Lok Sabha' and 'Rajya Sabha'. We will study them in turn. The Lok Sabha was formed on 26 January 1950 and the Lok Sabha met on 17 April 1952.
The Lok Sabha is the lower and popular house of the Indian administrator. Under this, the President appoints the leader of the majority party to the post of Prime Minister. Thus its importance is more than that of Rajya Sabha. Its member’s number is 552. Articles 79 to 423 of the Constitution of India have a parliamentary provision. Its tenure is 5 (five) years and the President can dissolve the Lok Sabha even before this term on the recommendation of the Prime Minister.
Out of its 552 members, 530 are elected from member states and 20 members are elected from union territories. 2 members are nominated by the President from the Anglo-Indian community.
Qualifications of Members: -
- He is a citizen of India
- He should not be less than 25 years of age.
- He fulfills other qualifications prescribed by Parliament from time to time.
- Do not be insane or insolvent.
- Do not hold any beneficial post under the Government of India.
Conventions and republics: -
According to the Constitution, the session of the Lok Sabha must be held at least twice a year. That is, the meeting must be held at an interval of 6 months. 1110 member number has been decided for its quorum. Their salary is Rs. 2, 00,833 per month. They also receive other allowances.
Speaker and Deputy Speaker of Lok Sabha-
The Lok Sabha has a Speaker and Deputy Speaker, who are elected by a majority of the members of the Lok Sabha. Details of its powers are seen under the Parliamentary Affairs Rules of 1950. Its main functions are as follows: -
1. To conduct the proceedings of the House and discharge the obligations of the House and maintain discipline in the House.
2. To decide whether a bill is a money bill or not.
3. Accepting questions of members of the House. Regularize them and declare them against the rule if necessary.
4. Presiding over joint sessions of Parliament.
5. To vote on various Bills and proposals and declare the result and give a decisive vote on the equality of votes of the proposal and the opposition.
6. Allowing Members of Parliament and setting the order and time of speeches.
In the absence of the Speaker and Deputy Speaker of the Lok Sabha, there is a system of an Acting Chairman to run the proceedings of the Lok Sabha smoothly.
Its members are elected through adult voting system. The voting age has been reduced to 18 by the 64th Constitutional Amendment.
- Legislative Business
The main function of the Lok Sabha is to formulate the law according to the wishes of the people. Although the Constitution has given equal rights to both the Houses of Parliament in relation to law-making but the Lok Sabha is in the best position when there is a dispute, as the Lok Sabha has more members. Normally a bill passed by the Lok Sabha is sent to the Rajya Sabha and after it is passed by the Rajya Sabha It is sent to the President for signature. After the President's signature he adopts the law.
2. Financial powers: -
The Lok Sabha has wide financial powers. Money Bill and Finance Bill can be introduced in Lok Sabha itself and the decision on whether a Bill is a Money Bill or not is also taken by the Speaker of Lok Sabha. The Rajya Sabha can hold such a bill for only 14 days. After this it is considered to be automatically passed. However, Rajya Sabha may also propose some amendments in it. But whether or not to accept the proposal is up to the Lok Sabha.
3. Related to Executive: -
The Lok Sabha has wide authority in controlling the executive because the leader of the majority party of the Lok Sabha is the head of the executive. It is directly linked to the Lok Sabha. Lok Sabha undertakes the exercise of control through no-confidence motion, Kamro's proposal, condemnation motion etc.
4. Amendment to the Constitution: -
By Article 368 of the Constitution, the Constitution of India can be amended only if it is approved by two-thirds of the members of both the Houses. These bills can be proposed in either of the two houses of Parliament.
5. Other powers -
The Lok Sabha also has authority in other areas. These are: -
1. Election of President and Vice President.
2. Impeachment of President and Supreme and Judges of High Courts.
3. Approval on ordinance issued by President.
4. Constitution of various types of parliamentary committees.
In addition, Members of Parliament also enjoy wide privileges. According to the constitution, every member has the right to express speech and thoughts and cannot be arrested till 40 days before the beginning of power.
In conclusion, we can say that Lok Sabha is a popular and prominent house and it has wide power. There is no doubt in this.
Rajya Sabha is the name of the second house and the upper house of the Indian Parliament. It was formed on 3 April 1952 and its first meeting was held on 13 May 1952. Under Article 80 of the Constitution of India, the maximum number of members of Rajya Sabha has been fixed at 250. Out of these members, 238 members are elected by the elected members of the legislative assemblies of the States and Union Territories and the remaining 42 members are nominated by the President. This nomination is done for such members, who are experts in the fields of art, literature, science etc.
Qualifications of Members: -
The merits of the members of Rajya Sabha have been determined under Article 102 of the Constitution of India, which is as follows: -
1. Be a citizen of India.
2. Age is 30 years.
3. Do not hold a post of profit under the Government of India or any State Government.
4. Do not be insane or insolvent.
5. Not declared or convicted by the court.
6. Fulfills the qualifications prescribed by Parliament from time to time, etc.
The Rajya Sabha is a permanent house. It consists of a Chairman and a Deputy Chairman. Its tenure is 6 years and its 113 members retire every two years.
The members of the Rajya Sabha are elected by indirect law. They are elected in a single transferable manner by the elected members of the Legislative Assembly of each state.
Chairman of Rajya Sabha: -
The role of the Chairman of Rajya Sabha is performed by the Vice President of India who is the ex-officio Chairman of Rajya Sabha. Apart from this, its members also elect one Deputy Chairman for 6 years. Like the Speaker of Lok Sabha, the responsibility of the Chairman of Rajya Sabha is to conduct the Rajya Sabha. The Deputy Chairman conducts the House in the absence of the Chairman.
The attendance of 1110 members is mandatory for its operation.
Like the members of the Lok Sabha, their salary is Rs 2, 00,833 (two lakh eight hundred thirty three) and other types of miscellaneous allowances are also received.
The attendance of 1110 members is mandatory for its operation.
Like the members of the Lok Sabha, his salary is Rs 2,00,833 (two lakh eight hundred thirty three) and other types of miscellaneous allowances are also received from him.
Rights and functions: -
- Legislative powers
Like the Lok Sabha, the Rajya Sabha also has the right to make laws. A non-financial bill can be introduced in either the Lok Sabha or the Rajya Sabha. But if there is a dispute about a bill, then Article 408 also has the right to call a joint session. It has a system of passing the Bill on the basis of majority of both the Houses. It is clear here that in this situation, due to the high number of members of Lok Sabha, the work of Lok Sabha appears more effective.
2. Financial powers: -
The position of Rajya Sabha is weak in this regard. The Rajya Sabha can hold the bill for only 14 days and the financial bill can be introduced only in the Lok Sabha. It is up to the Lok Sabha to accept or reject the suggestions made by the Rajya Sabha.
3. Amendment to the Constitution: -
Both Lok Sabha and Rajya Sabha have equal rights under this area. Amendment of the constitution can be possible only with a two-thirds majority of both the houses.
4. Executive control: -
As such, the Lok Sabha exercises its control over the executive, not the Rajya Sabha as the executive is responsible to the Lok Sabha, yet the Rajya Sabha acts to control the executive by asking questions, criticizing it, and various resolutions such as proposals to the Kamaro, calling attention proposals etc.
5. Other tasks
1. Members of Rajya Sabha along with the Lok Sabha participate in the election of the President.
2. The Vice President is also elected by the members of both the Houses.
3. Functions like impeachment - Both houses have equal rights over the President, in the case of Supreme Court and High Court judges.
4. The emergency authority of the President is also approved by both the Houses of Parliament.
5. The Rajya Sabha can form a new All India Service with a two-thirds majority.
In conclusion, we can say that even though the Rajya Sabha has less power than the Lok Sabha, its importance also cannot be reduced, because there is a good debate on public interest matters. Also, its importance towards the approval of the crisis period and the amendment of the constitution cannot be ignored, which is indicative of its wider importance.
The role of the Supreme Court as the protector of the Constitution of India is seen before us. The Supreme Court of India came into existence on 26 January 1950.
The Supreme Court is also the protector of the fundamental rights of the citizens of the country. Article 124 (1) of the Indian Constitution provides for the number of judges and the Indian Parliament has the right to increase its number from time to time. Initially there were seven other justices besides the Chief Justice. At present there are 33 other judges including a Chief Justice, thus the total number is 34 with the Chief Justice.
Appointment of judges: -
A collegium system is formed for appointment of judges of the Supreme Court, which consists of the senior-most judges. After this, the recommendation is sent to the Cabinet and after the approval of the Law Department of the Cabinet is sent to the President for final appointment. This procedure is adopted for appointment of judges of both the High and Supreme Courts.
Their qualifications are as follows: -
Appointment of judges: -
A collegium system is formed for appointment of judges of the Supreme Court, which consists of the senior-most judges. After this, the recommendation is sent to the Cabinet by the President and after the approval of the Law Department of the Cabinet is sent to the President for final appointment. This procedure is adopted for appointment of judges of both the High and Supreme Courts.
Their qualifications are as follows: -
1. Be a citizen of India.
2. Has been a Judge of High Court.
3. Have practiced for 40 years under any High Court.
4. Should have knowledge of law from the point of view of the President.
The salary of the Chief Justice of the Supreme Court is 2,80,000 (two lakh eighty thousand) and other judges get 250000 (two lakh fifty thousand rupees) salary. Apart from this, other facilities and allowances are also provided.
Rights and functions: -
Its rights and functions are as follows: -
Preliminary Jurisdiction: - We can divide the initial jurisdiction of the Supreme Court of India into two parts.
1. Exclusive preliminary Jurisdiction: - As far as exclusive preliminary jurisdiction is concerned, there are certain subjects under which the hearing of the related promises is heard by the Supreme Court only. In this the Supreme Court has exclusive jurisdiction, they are as follows: -
1. Dispute between the Government of India and one and more states.
2. Disputes between Government of India or any State or its States and one or more States.
3. Disputes of two or more states in which the question of many statutory rights is contained.
Under the concurrent preliminary jurisdiction, the work of the Protection of Fundamental Rights is done by the Supreme Court.
2. Appellate jurisdiction
The Supreme Court is the Supreme and Final Appellate Court. Therefore, the Supreme Court also has the right to hear appeals against decisions given by the High Courts or other courts of the state.
- Constitutional Matters: -
According to Article 482 of the Constitution, if a High Court can certify that in any case there is a question of interpretation of the Constitution and it is mandatory to decide that question only by the Supreme Court.
2. Civil Cases-
According to the 30th Constitutional Amendment of the Constitution of 1972, an appeal to the Supreme Court in a civil case can be made only when the High Court certifies that all the questions related to the interpretation of the law are contained in that case. That question needs to be decided by the Supreme Court.
3. Criminal Cases
An appeal can also be made to the Supreme Court in a criminal case, if
1. On appeal against the decision of the Subordinate Court, the High Court has canceled the application of release of the accused and given the death penalty.
2. The High Court has ordered a case from its subordinate court for trial and sentenced the accused to death. '
3. The High Court should certify that a case is worthy of appeal to the Supreme Court.
4. Guardian of rights and supreme interpretation of the Constitution-
The Supreme Court is the protector of the rights and freedoms of Indian citizens. The Supreme Court can declare a law passed by the Central Parliament or the State Legislature as non-constitutional on the ground that it violates the fundamental rights and various freedoms of citizens.
Five in this regard: -
1. Major disclosure
2. Greater inquiries
3. The mandate
5. May issue Certiorari
4. Consultative right: -
The Supreme Court is empowered under Article 143 of the Constitution. The President of India can consult the Supreme Court on any subject, if required. It is up to the President to accept or reject the advice provided by the Supreme Court.
5. Court of record: -
Under Article 127 of the Constitution of India, the Supreme Court and the High Court have been designated as the Court of Records. The decision given by them can be set as an example in a similar case.
6. Judicial review: -
The Supreme Court enjoys wide authority in this area. The Supreme Court can review the decisions of the administrative and executive, which are not legal and can also declare the decisions given by them invalid.
In 1954, Champakadra Rai v. State of Madras, 1967 Golaknath case, 1973 Keshwanand Bharti case, 1980 Minerva Milas and 1980's Union of Democratic Rites v. Union of India, setting up of Public Interest Litigation, 1997 Borough decision for President's rule in states, etc. , Which represents judicial review.
In conclusion, we can say that the Supreme Court of India has wide powers and is the protector of the rights of citizens and the supreme interpretation and protector of the Constitution, we have no doubt in this.
Political parties and pressure groups
Under any democratic system, governance is handled by various political parties. The political party is the indispensable wheel of democracy. At the same time, they hold a very important position in front of us because the development and governance of the country depends on these political parties only, especially in a country with a parliamentary governance system like India. The importance is increasing day by day.
By political party, we mean an organization which is always in the direction of achieving persecution. The way we can describe the major facts of the party system in India: -
- Multiparty System: -
When we study the governance system of India, we find that under India, multi-party governance has adopted from other nations like Britain, America. At present, except for a few national parties, about 700 other political parties are under India. There are both recognized and non-recognized parties. Under such a system, there is a high risk of a little instability in the system of governance. It is not in the interest of Indian democracy.
2. The preponderance of a political party: -
Till the fourth general election (1967), the Ekadal Congress was dominated in India. But from 1967, the single party system had started changing. Where the Congress had more power under the entire country and other states, the Congress rule could not be established in many states after the fourth general election. After the JP-movement at the center in 1977, the Janata Dal government was formed under the leadership of Morarji Desai.
The single party Congress ruled again in 1980. It remained the same till 1989, then after the coming of the Janata Dal government in 1989 and after the coming of the Mandal Commission, the era of the joint government, under the Central and States started. This situation gradually increased. But from 2014 onwards, the Bharatiya Janata Party has come under the leadership of single party system again.
In this way, usually the Congress has a monopoly on Indian governance and sometimes a monopoly on the governance of the BJP.
3. Impact of opportunism and regional parties: -
It has also been a prominent feature of Indian political parties. At present, various political parties in Indian political system work towards their vested interests. They have started changing different political parties for their individual interests. The emergence of regional and independent parties is also a major reason for this.
Political Parties and Pressure Groups
As we know that parliamentary governance system and multi-party system have been adopted in India. Governance cannot be possible without the existence of political parties. Governance is governed by these political parties. Especially, this is the foundation of democracy. As we all know, a political party is a group of individuals, through which there is always an attempt to attain persecution. Either these are sometimes under governance or sometimes in opposition. But their existence is considered to be the life force of governance.
Political parties have a special place in India's political system. Public representatives are elected by the general public under these political parties. Those who form a government run the government. This is confirmed by the words of the famous political scholar Gilcast -
"Democracy is not the rule of the people but the rule of the representatives of the people."
Major functions of the party
Not only India, but for the successful running of the democratic system of the entire world, the party is very important. Their major functions are as follows.
1. Political parties promote and spread political education.
2. They work to create healthy public opinion.
3. They act as a link between the government and the public.
4. Coordinate work in various departments of the government.
5. They form the government after the election.
6. They organize public meetings and conventions from time to time.
7. The party serves as a guide to the government and also plays the role of the opposing party.
8. Participate in elections etc. by promoting party policy.
All these types of functions are also performed by the political parties of India.
- Multi-party system: - India is a large country and people of different languages and religions live here. Due to this, multi-party system is also seen here.
There are many political parties and many regional parties also exist here. They conduct government in the center and states on the basis of mutual coordination of national and regional parties. Thus, multi-party system is a major feature of the major parties under India.
2. Single party dominance in multi-party system: -
There is a multi-party system in India, but the leadership has been in the hands of a particular major party. Prior to 1967, there was one-party supremacy and the Congress ruled the whole country. The Congress again came to power in 1972 and formed a one-party government. In the fourth general election, a mixed government was formed in more than half of the states.
After 1990, the era of a full-fledged government started and there was a multi-party system. But the main command was sometimes in the hands of the Congress or the BJP. Today, BJP has an absolute majority government. Thus, on studying the position of Indian national parties, one-party primacy is seen in the multi-party system.
3. Political parties and ideology: -
By the way, all political parties are based on a particular ideology or principle. But the reality in today's time is that these opportunities are becoming litigants in the greed of persecution. This is especially seen in today's era of coalition government and politics has become an object of selfishness in place of service.
4. The preponderance of regional parties: -
The importance of regional parties in Indian politics has been there from the beginning. But today, especially in the era of coalition government after 1990, we are seeing their importance in the political system of both the Center and various states. Today, their importance in Indian politics is increasing day by day. For example, we can keep the present Maharashtra Assembly elections.
5. The existence of communal parties: -
It has special significance in influencing the Indian political system. Various political parties are being formed on the basis of communalism. The main parties are also not able to completely separate themselves from them.
6. Change of Party: -
It is also a prominent feature of Indian political parties. In the present times, they keep changing the party to get power. Changing the party today has become a means of accomplishing the selfishness of the prominent politicians of these parties. The anti-defection law in front of their work is also proving to be ineffective today.
4. Personhood: -
From the beginning of independence, the trend of individual, person-worship is seen in the political parties of India. Whether it is the time of Jawaharlal Nehru, Indira Gandhi or presently Narendra Modi, it is a prominent feature of Indian national parties.
In conclusion, we can say that under the national parties of India, we are getting to see this system widely, but we are not even doubtful that democratic works are being executed by them.
On studying the Indian political system, it is clear that pressure groups have a wide influence on the governance system of India. On studying their arrangement, we can say that this pressure group without joining power, they work to create pressure on the government to fulfill their demands. They have a wide place in the political system of India as well as the whole world.
The following is characteristic of India's pressure groups.
- Limited Membership: -
This is a major feature of pressure groups, its membership is limited to one category. For example, the membership of the members of the Bharatiya Mazdoor Sangh, the All India Trade Union Congress, is limited to the workers only. Similarly, membership of the mill owners and associations of owners of various industries is limited to them only.
2. Organized and Unorganized Format: -
The pressure group is both organized and unorganized. For example, there are organized pressure groups like All India Mill Owners Association and Trade Union Congress and in addition there are other small unorganized members also.
3. Limited purpose:-
This is also a major feature of Indian political parties and they are limited only to fulfill their interests.
4. Use of constitutional and unconstitutional methods: -
Both constitutional and unconstitutional methods are used by them to fulfill their objectives. This is also a major feature of Indian pressure groups.
5. Reluctance to dominate government and fulfillment of personal interests: -
This is also a major feature of Indian pressure groups. Instead of joining the government, they contribute to the formation of government only for the fulfillment of their personal interests.
Types of pressure groups: -
- Congruent: - Community pressure groups are organized to serve their special interests. These include labor organization, business organization, government employees organization etc.
- Institutional pressure group: -
Institutional pressure groups are active in political parties, legislatures, military etc. These are formal organizations and represent private interests as well as other major social interests.
3. Demonstrative pressure group: -
Demonstrative pressure groups are those who protest against their demands and act to force them to press their demands in unconstitutional ways from time to time.
These are such pressure groups, which are based on religion, caste and other traditional goals. They are informal and unorganized. These have been shared by modern pressure groups. These pressure-groups perform their work lobbying, data display, publicity, court asylum, seminars, bribery and dishonesty etc. in other ways.
To criticize the Indian pressure groups, but we feel that these undemocratic ways, narrow-mindedness and neglect of public interest, appear to us as centers of corrupt conduct.
Despite these criticisms, they continue to do public interest work and it is also helpful in meeting the appropriate demands of the organization of various employees, which shows their wide importance.