Showing posts with label Polity. Show all posts
Showing posts with label Polity. Show all posts

Thursday, June 27, 2013

Preamble of Indian Constitution





"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 all its citizens;

FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation.

In our Constituent Assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution."

Reading through the Preamble, one can see the purpose that it serves, namely, the declaration of
(1) the source of the constitution
(2) a statement of its objectives
(3) the date of its adoption.

The opening words of the preamble ('we the people of India') emphasise the ultimate authority of the people from whose will the constitution emerges. Since the Constituent Assembly enacted and adopted the constitution in the name of the people of India, the question has been asked whether the Assembly was really representative of the people of India. This question was raised both within and outside the Assembly. The circumstances under which the Constituent Assembly came into being shows that it was impracticable to constitute such a body in 1946 with adult suffrage as its basis. No part of the country had the experience of adult suffrage.

To prepare an electoral roll on the basis of adult suffrage for the country and to hold elections on that basis would have certainly taken a number of years. It was rightly thought unwise to postpone the task of constitution making until such an election was held. This was the main justification for accepting the Cabinet Mission Plan for constituting the Assembly through indirect election. Everyone will definitely agree with what Dr. Ambedkar said in the floor of the Constituent Assembly in 1949, "I say that the Preamble embodies what is the desire of every members of the House, that the constitution should have its root, its authority, its sovereignty from the people that it has".

The Preamble proclaims the solemn resolution of the people of India to constitute India into a 'Sovereign socialist, secular democratic republic'. The words 'socialist' and 'secular' were introduced into the preamble in 1976 by the 42nd Amendment of the Constitution.

India is 'Sovereign', in as much as it is free from any external control and having independent power and authority. Sovereignty of India does not come in the way of its remaining a member of the Commonwealth of Nations. Though the Queen of the UK is its symbolic head, it is a voluntary association and so does not violate India's sovereign status.

India is 'democratic', as it has chosen a representative and responsible system of government under which those who administer the affairs of the state are elected by the electorate and accountable to them. The term "republic' implies an elected head of the state. By declaring to become a republic, India has chosen the system of electing one of its citizens as its President- the head of the state at regular intervals.

Socialism in India has been accepted in the meaning of 'Democratic Socialism'. The main aim of the expression was to bring about a balance in the existing economic disparities. India is 'secular,' because it maintains perfect neutrality in religious matters. It does not have anything as state-religion and the people are free to accept or reject any religion of their choice.

The Preamble proceeds further to define the objectives of the Indian Republic. These objectives are four in number: 'Justice', 'Liberty', 'Equality' and 'Fraternity'. The essence of justice is the attainment of the common good. It embraces the entire social, economic and political spheres of human activity.

The term 'liberty' used in the Preamble is not merely a negative, but a positive concept. It signifies not only the absence of any arbitrary restraint on the freedom of individual action but also the creation of conditions which are essential for the development of the personality of the individual. 'Liberty' and 'Equality' are complementary. Equality does not mean that all human beings are equal mentally and physically. It signifies equality of status, the status of free individuals and availability of opportunity to everyone to develop his potential capacities.

Finally, it is the spirit of brotherhood, that is emphasised by the use of the term "fraternity" in the Preamble. India being a multilingual and multi-religious state, the unity and integrity of the nation can be preserved only through a spirit of brotherhood that pervades the entire country, among all its citizens, irrespective of their differences.

The Preamble of the Constitution of India is one of the best of its kind ever drafted. Both in ideas and expression it is an unique one. It embodies the spirit of the constitution to build up an independent nation which will ensure the triumph of justice, liberty, equality and fraternity. One of the members of the Constituent Assembly (Pundit Thakur Das Bhargav) rose to poetic heights when he said, "The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution."

Sunday, January 13, 2013

Companies Bill, 2011

1.Making India safe and attractive destination
2.No more inspector raj
3.India to be 1st coutnry to mandate CSR thru statutory provision
4.Companies encouraged to create employee welfare fund
5.Companies may encourage education,reducing child mortality and any other social welfare contribution

New Science Policy

Aims -
1.Innovation
2.Establishing research institutes
3.Encouraging women scientists
4.Positioning India as one of the top 5 scientific powers within 2020

Before-
1.India's 1st scientific policy resolution,1958-> Foster,promote,sustain,cultivation of science and scientific research in all aspects
2.Technology policy statement,1983->Technological competence and self-reliance
3.S&T policy,2003-> Bring Science and Technology together

LPG Portability

1. Online booking,tracking and delivery
2.'Lakshya'-> Mobile and Web portal
3.Option to change dealer within same distribution
4.85% cylinders supplied in 2 days of booking =5 stars and 85% cylinders supplied beyond 10 days of booking = no star

Thursday, January 3, 2013

Regulating Act 1773

  • First step to control and regulate the affairs to compamy
  • Political and administrative functions to company
  • Foundation of central administration in India
  1. Governer General of Bengal. Executive council of 4 members.Lord Warren Hastings
  2. Madras and Bombay presidencies sub-ordinate to Bengal.Earlier they were independent.
  3. Supreme court of Calcutta . 1774.  1 CJ + 3 Judges.
  4. Servants of company-no private trade,no bribes,no presents-> from natives.
  5. Court of directors.Strengthened Govt control over company.Must report revenue,civil& military affairs.

Sunday, December 30, 2012

Finance Commission

Distribution of taxes b/w central and the state
There has been a total of 13 finance commission until now
12th one was under Rangrajan and 13th one is under Vijay Kelkar
The 13th report talks about -
1.MTFP
2.FRBM
3.CSS
4.GST
5.Reporting loss in power sectory by states
6.Reducing revenue deficit with the intent of eliminating it completely
7.Reducing fiscal deficit to about 3% by 2014-2015

Also glance thru Sarkaria commission's report online which asks for maintaining status quo b/w centre and state relations..

Saturday, October 6, 2012

Fundamental Rights

Right to Equality
Art 14 to Art 18
Right to Freedom
Art 19 to Art 22
Right against Exploitation
Art 23 to Art 24
Right to Freedom of Religion
Art 25 to Art 28
Cultural and Educational Rights
Art 29 & Art 30
Right to Constitutional Remedies
Art 32
Right to Property (Art 31)
Was omitted by 44th amendment
Right to Education ( Art 21A)
Was inserted by 86th amendment in 2002

People of Indian Origin

People of Indian Origin Card,allows visa free entry to Indian origin people living abraod,and give them all the rights enjoyed by Non-Resident Indians ( NRIs)

PIO Card Eligibility:
Any person
1. Who at any time held an Indian Passport;or either parents or grand parents or great grand parents were citizen of India
2.Who is a Spouse of citizen of INdia or of PIO

Benefits:
  • No Visa required for visiting India
  • Can Purchase non-agricultural land
  • Exempt from registration if his stay in India  does not exceed 10 days
  • The PIO Card holder would be able to admit their children to educational institution in India under the NRI category
  • They can also benefit from housing schemes of the Life Insurance Corporation,State Governments and other Government agencies

Overseas Citizen of India

Criteria:
  • Applicant's one of parents or one of the grandparentes was or was eligible to become a citizen of India after January 26,1950
  • For a person to apply for OCI he must not be Pakistani or BAngladeshi national as well his home country should allow dual citizenship in some or other form
Benefits:
  • Multiple-entry,multi-purpose,life-long visa to vist India
  • Exemption from reporting to police auhtorities for any length of stay in INdia
  • Parity with NRIs in financial,ecnonomic and educational fields

OCI's are not entitled to : 
  • vote,be a member of Legislative Assembly or Legislative Council or Parliament,cannot hold constitutional posts

Friday, October 5, 2012

Acquisition of Citizenship

Citzenship can be acuired through five ways :

By Birth :
  •  Any person born in India on or after 26th Jan 1950.
  • After 1st July 1987 either of the parents of the child must be Indian.
By Descent:
  • A child of an Indian father born outside India , after 1992 amendment 
  • Child of an Indian mother is also an Indian citizen by descent
By Registration:
  • People of following category can register themselves as Citizen people of Indian Origin;
  • Persons who are or have been married to citizens of India

By Naturalization:
  •  Any person of full age and capacity ,has to take oath of allegiance to constitution

By Incorporation of Territory:
  • If any territory becomes a part of India, GOI may grant those people citizenship subject to some conditions
  • Example : Sikkim

Article 5 to 11

Article 5 
Citizenship at the commencement of the Constitution

Article 6
Rights of citizenship of certain Persons who have migrated to India from Pakistan

Article 7
Rights of citizenship of certain migrants to Pakistan

Article8
Rights of cirizenship of certain persons of Indian origin residing outside India

Article 9
Persons voluntarily acquiring citizenship of a foreign State not to be citizens

Article 10
Continuance of the rights of citizenship

Article 11
Parliament to regulate the right of citizenship by law

Articles 1 to 4

 Article 1

1. Name and territory of the Union
2.The States and the territories thereof shall be as specified in the First Schedule
3.The territory of India shall comprise -
a. the territories of states
b.the Union of territories specified in the First Schedule
c.such other territories as may be acquired

Article 2

Admission or establishment of new States-
Parliament may by law admit into the Union,or establish ,new States on such terms and conditions as it thinks fit.


Article 3

Formation of new States and alteration of areas ,boundaries or names of existing states.

Article 4

No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368

Preamble

We, THE PEOPLE OF INDIA,having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all it's 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;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,1949, do HEREBY ADOPT,ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The constitution ( 42nd Amendment)Act,1976 amended the Preamble and added the words Socialist,Secular and Integrity to the Preamble

Sources of Constitution

From Govt of India Act 1935 -
  • Federal scheme
  • Office of Governor
  • Judiciary
  • Public service commission
  • Emergency
British Constitution -
  • Parliamentary form of govt
  • Rule of law
  • Bicameralism
US constitution -
  • Fundamental right
  • Independent Judiciary
  • Judicial review
  • Impeachment of President
  • Removal of supreme court judges,
  • Vice president-ship
Irish -
  • DPSP
  • Nomination of members to Rajya sabha
  • Electoral office and method of president election
Canada -
  • Federation with strong center
  • Residuary power with center
  • Appointment of state governors by center
Australia-
  • Concurrent list
  • Joint sitting in parliament

Constituent Assembly Committee

  • Steering Committee -Dr.Rajendra Prasad
  • Ad hoc Committee on the National Flag - Dr.Rajendra Prasad
  • Committee on the Functions of Constituent Assembly- G.V.Mavalankar
  • States Committee- J.L.Nehru
  • Committee on Fundamental Rights,Minorities and Tribal and Excluded Areas- Sardar Patel
  • Union Powers Committee-J.L.Nehru
  • Union Constitution Committee-J.L.Nehru
  • Drafting Committee-Dr.B.R.Ambedkar

Constituent Assembly

  • Set up according to Cabinet Mission Plan 1946
  • Members were elected by provincial assemblies
  • One member on an average of 10 lakh population
  • First meeting 9th Dec 1946,Muslims league boycotted meeting
  • Sachidanand Sinha presided the first meeting , later on Dr.Rajendra Prasad was elected the permanent president of constituent assembly
  • Constitution was adopted and enacted on 26th day of Nov 1949,on this day provisions of citizenship and provisional parliament came into force
  • The complete constitution came into effect on 26th day of Jan 1950

Sunday, August 7, 2011

Writs of Supreme Court

There are totally 5 writs

1. Haebaeus Corpus- Produce person under arrest or detention to court or release him if the detention is found to be illegal
2.Writ of Certeori-Quashing order of lower court
3.Writ of Prohibition- Stay Order
4.Mandimus-Ordering lower court to perform public or statutory duty
5.Writ of Quo warrento- Cant hold a public office that he's not entitled to

Thursday, August 4, 2011

MG-NREGA/Land Acquisition/Cleft Lip/Lokpal

MG-NREGA : Jairam Ramesh asks for Biometric verification and payment at door step for the workers.

Result : No leakage of Money


Land Acquisition : Proposal of returning land back to owner if it's not used within 5 years.

Problem: Less chances of land owners or farmers in buying back of the land due to spending of money during the 5 year period


Cleft lip : Surgery is available in all districts @zero cost

Result: More self confidence / Affordability for the less fortunate


LokPal : PMO and Higher Judiciary not under Lokpal bill. They'll come under the bill once they demit office.

Reason:Need of Secrecy for some of the decisions made at PMO in view of National Interest

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