Saturday, October 13, 2007

Indian Polity 5

  • At the time of independence, there were 9 British provinces and 542 princly states
  • V.B. Patel is known as "Bismark of India" because of the integration of princly states.
  • On the linguistic basis, AP was the first state independent India.
  • Acquisition of Citizenship:

a. by birth: Those born in Indian on or after Jan 26 1950 before June 30 1987. After July 1, 1987, if either of the parents were citizens of India at the time of birth. ( to control refugees coming from Bangladesh etc.)

b. by descent: Person born outside India on or after Jan 26, 1950 shall be a citizen of Indian if his father is a citizen of India at the time of person's birth. ( the above two categories are natural citizens)

c. By registration: 1. If he is of Indian origin and has been resident in India for five years.

d. By Naturalisation: A foreigner: By taking an oath of Allegiance to the constitution of India.

e. By incorporation of territory.

Termination

1. Renunciation: If he voluntary renounces

2. Termination: If he acquires citizenship of other country.

3. Deprivation: By an act of Government of India

Indian Polity-4

Sources of Indian Constitution:
Fundamental rights : USA
Supreme Court: USA
Vice President: USA
Parliamentary System: UK
Federal System: Canada
Emergency: Germany and Government of Indian Act 1935
Directive Principles of State Policy: Irish Constitution
Fundamental Duties: Soviet Union
Republic: France
Concurrent List: Australia
Amendment Process: South Africa
Due process of law under article 21: Japan

Different Committees of the constitution:

1. Union power committee: JL Nehru
2. Union Constitution Committee: JL Nehru
3. Fundamenatal rights and Minority Committee: VJ Patel
4. Provincial Constitution Committee: VJ Patel
5. Drafting Committee: BR Ambedkar
6. Flag Committee: JB Kriplani

Territory of the union (part-1)
- Article 1 says that, India, that is Bharat, shall be a union of states.

Indian Polity-3

  • The words "socialist", "secular" and "integrity" were introduced in the 42nd Amendment act.
  • In Beruberi's Case SC held that preamle is not a part of the constitution
  • But in Kesavananda Bharti V. State of Kerala Case, the SC rejected the above view and held that preamble is a part of the constitution
  • In Excel Wear V. Union of India, the SC held that "socialist" word in preamble is to provide a decent standard of life to the working people and especially provide security from cradle to grave.
  • In Minerva Mills Case, the importance of premble is realised. Chief Justice observed: " the edifice of our constitution falls upon the concepts crystallised in the preamble".
  • Members of the drafting Committee: Dr. B. R. Ambedakar (Chairman), Alladi Krishna Swami Ayyar, K.M. Munshi, N. G. S. Ayangar, Md. Sadullah, N. Madhav Rao ( in place of B. L. Mitra), DP Khetan ( T. Krishnamachari after Khetan Death)

Monday, October 1, 2007

Indian Polity-2

- Indian constitution establishes a parliamentary form of government of India
- The Indian constitution is structured on Government of India Act 1935
- The Fundamental rights embodied are based on Bill of Rights of the US constitution.
- The Directive Principles of State Policy in Part IV of the constitution are derived from the constitution of Ireland
- Parliamentary form of Government is modeled on the constitution of Great Britain.
- The Preamble is the preface to the constitution
- The preamble says “We the people of India, having decided to make this country as 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 opportunity: and to promote among them all; fraternity assuring the dignity of the individual and the unity and integrity of the nation. In our constitution assembly this twenty sixth day of November 1949, we do hereby adopt, enact and give to ourselves this constitution.