POLITY - CLASS 2 - 13.11.2021

 


POLITY – CLASS 2

Today’s classes started with a recap of last class

a)    The Constitution of India has been adopted on 26th November 1949, and it came into effect on 26th January 1950.

b)    Popular Sovereignty – Power of the Constitution derived from the people, also denoted by “We the people”.

c)     The present Government declared 26th November as “Constitution Day” to emphasize the significance of the Indian Constitution.

d)    On 26th January 1930, the Indian National Congress declared Poorna Swaraj and asked the people to observe it as Independence Day.

 

PREAMBLE TO THE INDIAN CONSTITUION

·       According to N.A. Palkhivala, the preamble is an “identity card of the constitution”.

·       The preamble gives idea of Source of the Constitution, history behind its creation, and the principles of the nation.

Key words in Preamble:

·       We, the people of India: It indicates the ultimate sovereignty of the people of India. 

 

·       Sovereign - The term means that India has its own independent authority and it is not a dominion of any other external force.

 

·       Socialistic – A classless society. Property in the country owned by the Government. India follows the democratic kind of socialism (equal amount of livelihood). It was added in the Preamble by 42nd Amendment, 1976.

 

 

·       Secular - All the religions in India get equal respect and support. In Indian secularism, Government interferes in some occasions, to promote the religion equally. It was added in the Preamble by 42nd Constitutional Amendment, 1976.

 

·       Democratic – The Constitution of India gets its authority from the will of the people through an election. The Indian Constitution provides for “representative democracy” – the executive is responsible to the legislature for all its policies and actions.

 

 

·       Republic - The head of the state is elected by the people (not being ancestral). Protects the rights of people.

Difference between Democracy and Republic:

Democracy –   A Rule by people. The kind of Governance system where people will rule by electing a person to be the head of state.

Republic – The Head of the state should also rule according to the welfare of the people.

Democracy has a disadvantage – “Tyranny of Majority” which means oppression of minority groups by majoritarian groups.

 

Objectives of the Indian Constitution:

·       Justice: It is a fundamental right and comprises of three elements

a)    Social Justice The Constitution of India promotes social justice by creating a society without discrimination on any grounds like caste, creed, gender, religion etc.

b)    Economic Justice – No discrimination can be caused by people on the basis of their wealth or economic status. Every person should be paid wages and treated equally.

c)     Political Justice – The political officers would be equal to all. People have an equal right to participate in political opportunities.

 

·       Liberty:  The term ‘Liberty’ means freedom for the people to choose their way of life.

·       Equality: Everyone is equal before the law. All the people have been given equal opportunities for everything.

Example – Reservation for the historically downtrodden communities in competitive exams.

 

·       Fraternity:  A feeling of brotherhood or an emotional attachment with the country and all the people.

 

       i.          The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976.

     ii.          Supreme court is the ultimate “Interpreter” of the Indian constitution.

   iii.          Preamble is used to interpret the Indian constitution by the Judiciary.

   iv.          The constitution of India has been a prime tool in changing the society and it’s the lengthiest written constitution in the world.

     v.          Fundamental rights have been given a wider interpretation ever since constitution was created.

 

FEDERALISM – Indian Constitution has been made as a blend of parliamentary sovereignty and judicial supremacy.

·       “Parliamentary sovereignty” - Parliament is considered to be omnipotent (in U.K) which is the supreme legal authority which can create or end any law, and cannot be questioned.

·       In India, the Parliament is not omnipotent.

·       Parliamentary power is subjected to fundamental rights and it has to be in line with the Indian constitution. If this fails, then The Judiciary has the power to declare a law as null and void. This is called “Judicial Supremacy”

 

-        India has been given Universal adult franchise.

-        India made a bold attempt and gave the right to vote for everyone who has completed 21 years.

-        The 61st Amendment Act of the Constitution of India, lowered the voting age from 21 years to 18 years.

 

Citizens – a group of people who give allegiance to a country.

Dual citizenship is impossible in India, it provides only single citizenship.


CREDITS: LEO PRANEETHA

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