Polity Lecture 2

Jul 16, 2024

Lecture Notes: Polity Lecture 2

Overview

  • Recap of the making of the Constitution from the previous lecture
  • Focus on: Preamble, Schedules, Sources of the Constitution

Preamble

  • Summary of the Constitution, inspired from the USA
  • Termed as the “ID Card of the Constitution” (N. A. Palkhiwala), “Political Horoscope” (Munshi Ji), and “Keynote of the Constitution” (Earn Baker)
  • Sources:
    • USA: Concept
    • Australia: Language
  • Content:
    • Source of authority: People of India (First line: “We the People of India...”)
    • Nature: Sovereign, Socialist, Secular, Democratic, Republic
    • Objectives: Justice (Social, Economic, Political), Liberty (Thought, Expression, Belief, Faith, Worship), Equality (Status, Opportunity), Fraternity
  • Amendments:
    • Only one: 42nd Amendment, 1976 (Added: Socialist, Secular, Integrity)
  • Important Cases:
    • Berubari Union Case, 1960: Preamble is not a part of the Constitution
    • Kesavananda Bharati Case, 1973: Preamble is a part and can be amended
    • LIC v/s Union of India Case: Confirmed Kesavananda judgment

Schedules

  • Initially: 8 Schedules; Currently: 12 Schedules
  • Schedule Overview:
    • 1st Schedule: Names and territorial jurisdiction of states and Union territories
    • 2nd Schedule: Emoluments of President, Governors, Speakers, etc.
    • 3rd Schedule: Forms of oaths/affirmations
    • 4th Schedule: Allocation of Rajya Sabha seats
    • 5th Schedule: Provisions for Scheduled Areas/Tribes
    • 6th Schedule: Administration of Tribal Areas in Assam, Meghalaya, Tripura, Mizoram
    • 7th Schedule: Division of powers - Union, State, Concurrent Lists
    • 8th Schedule: Official languages (Initially 14, now 22)
    • 9th Schedule: Land reforms (beyond judicial review)
    • 10th Schedule: Anti-defection law
    • 11th Schedule: Panchayati Raj (29 functional items)
    • 12th Schedule: Municipalities (18 functional items)

Sources of Constitution

  • Government of India Act, 1935: Federal scheme, office of governor, judiciary, etc.
  • USA: Preamble, fundamental rights, independent judiciary, judicial review, impeachment of president, etc.
  • UK: Parliamentary system, rule of law, legislative procedures, etc.
  • Canada: Federal system with strong centre, appointment of state governors, etc.
  • Australia: Concurrent list, joint sitting of parliament,
  • Ireland: Directive principles, nomination of members to Rajya Sabha,
  • France: Republic, liberty, equality, fraternity,
  • Germany: Emergency provisions, suspension of fundamental rights,
  • South Africa: Procedure for amendment, election of members of Rajya Sabha,
  • USSR: Fundamental duties, Aims of justice,
  • Japan: Procedure established by law.

Notes Prepared by Student:

  • Understanding the core aspects of constitution making
  • Key elements and schedules are crucial for exams
  • Historical cases and amendments very important

Key Takeaways

  • Basis of the Indian Constitution derives from various other constitutions with contextual modifications
  • Specific schedules and details of the Constitution provide structure and functionality to India’s governance system
  • Continuous updates and amendments keep the Constitution relevant to the changing times.