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Constitution, Government and Politics in India Evolution and Present Structure Constitution, Government and Politics in India Evolution and Present Structure Biswaranjan Mohanty NEW NC New Century Publications CENTURY New Delhi, India Contents Preface vii 1. British Rule and Indian National Movement 1-62 1.1 British Conquest of India and Consolidation of Rule 1.2 Consequences of British Raj 1.3 British Attitude to Indian Way of Life 1.3.1 Caste System 1.3.2 Religious Beliefs 1.3.3 Indian Village 1.3.4 Oriental Despotism 1.3.5 Social Darwinism 1.4 Rise of Indian Nationalism 1.5 The Liberation Movement 1.5.1 Rebellious Spirit 1.6 Formative Phase of the Nationalist Movement 1.7 Organized Phase of the Nationalist Movement 1.7.1 Aims and Objective of Indian National Congress 1.7.2 Policy of Gradualism and Constitutionalism 1.8 Rise of Extremism 1.8.1 Causes and Circumstances 1.8.2 Objectives and Methods of the Extremist Group 1.8.3 Extremists' Programme of Action 1.8.4 Assessment of Extremism 1.9 Revolutionary Terrorist Movement 1.9.1 Outside Congress Terrorism 1.9.2 Ghadar Party 1.10 Gandhian Era in Congress 1.11 Non-cooperation Movement 1.12 Swaraj Party 1.13 Second Phase of Revolutionary Terrorism 1.14 Simon Commission 1.15 Civil Disobedience Movement 1.16 Round Table Conferences 1.17 Quit India Movement 1.18 Indian National Army (INA) 1.19 Cabinet Mission xx Constitution, Government and Politics in India 1.20 Rise of Communalism and Partition of the Country 1.21 Final Push towards Freedom 1.22 Attainment of Independence 1.23 Role of Women in the Freedom Struggle 2. India at the Dawn of Independence 63-98 2.1 Law and Order Problem 2.2 National Integration Task 2.3 State of the Economy 2.3.1 Agricultural Sector 2.3.2 Industrial Sector 2.4 Indian Social System 2.4.1 Stratification of Society 2.4.2 Caste System and Untouchability 2.4.3 Cultural Unity 2.4.4 Status of Women 2.4.5 Illiteracy and Ignorance 2.4.6 Westernization 2.4.7 Rise of Nuclear Family 2.4.8 Regional Imbalances 2.5 Social Movements 2.5.1 Backward Castes Movement 2.5.2 Peasant Movements 2.5.3 Trade Union Movement 3. Constitution of India: Historical Background 99-135 3.1 Developments under the East India Company 3.1.1 Battle of Buxar and Diwani Rights in Bengal, Bihar and Orissa 3.1.2 Regulating Act, 1773 3.1.3 Pitt's India Act, 1784 3.1.4 Charter Act, 1813 3.1.5 Charter Act, 1833 3.1.6 Charter Act, 1853 3.1.7 India's First War of Independence 3.2 Developments under the British Crown 3.2.1 Act for Better Government of India 1858 3.2.2 Queen Victoria's Proclamation, 1858 3.2.3 Indian Council Act, 1861 Contents xxi 3.2.4 Foundation of Indian National Congress 3.2.5 Indian Council Act, 1892 3.2.6 Indian Councils Act, 1909 (Morley-Minto Reforms, 1909) 3.2.7 Montague Declaration, 1917 3.2.8 Government of India Act, 1919 (Montague-Chelmsford Reforms) 3.2.9 Government of India Act, 1935 3.2.10 Cabinet Mission Plan 3.2.11 Mountbatten Plan 3.2.12 Indian Independence Act, 1947 3.3 Constituent Assembly of India 3.3.1 Evolution of the Idea of Constituent Assembly 3.3.2 Election to the Constituent Assembly 3.3.3 Procedure Adopted by the Constituent Assembly 3.3.4 Working of the Constituent Assembly 3.3.5 Objective Resolution 3.3.6 Criticisms 4. Constitution of India: Philosophy and Provisions 136-189 4.1 Philosophy of the Constitution 4.2 Sources of the Constitution 4.3 Ideological Basis of the Constitution 4.3.1 Socialist Commitment 4.4 Fundamental Values of the Constitution 4.5 Preamble of the Constitution 4.5.1 Significance of the Preamble 4.6 Salient Features of the Constitution 4.6.1 Written Constitution 4.6.2 A Unique Combination of Rigidity and Flexibility 4.6.3 Parliamentary System of Government 4.6.4 Blending of Federal and Unitary Features 4.6.5 Makes India a Secular State 4.6.6 Fundamental Rights 4.6.7 Directive Principles of State Policy 4.6.8 Independence of Judiciary 4.6.9 Universal Adult Franchise 4.6.10 Single Citizenship 4.6.11 Special Provision for Backward Classes 4.7 Federal Structure xxii Constitution, Government and Politics in India 4.7.1 Working of Federal System 4.7.2 Division of Powers 4.7.3 Dual System 4.7.4 Supremacy of the Constitution 4.7.5 Parliamentary System 4.7.6 Two Heads 4.7.7 Leadership of the Prime Minister 4.7.8 Membership of the Parliament 4.7.9 Responsibility: Collective and Individual 4.7.10 Individual Responsibility 4.7.11 Political Homogeneity 4.7.12 Sound Opposition 4.7.13 Homogeneity of People 4.7.14 Caste Association 4.7.15 Panchayat and Tradition 4.8 Amendment Procedures of the Constitution 4.9 Amendments of the Constitution 4.10 Judicial Review 4.11 List of Schedules to the Constitution 4.12 Review of the Constitution 4.13 National Commission to Review the Working of the Constitution 4.13.1 Recommendations of the National Commission 5. Fundamental Rights, Directive Principles of State Policy and Fundamental Duties 190-250 5.1 Meaning of Fundamental Rights 5.2 Nature of Fundamental Rights 5.3 Importance of the Fundamental Rights 5.4 Categories of Fundamental Rights 5.4.1 Right to Equality (Articles 14 to 18) 5.4.2 Right to Freedom (Articles 19 to 22) 5.4.3 Right against Exploitation (Articles 23-24) 5.4.4 Right to Freedom of Religion (Articles 25-28) 5.4.5 Cultural and Educational Right (Articles 29-30) 5.4.6 Right to Constitutional Remedies 5.4.7 Rights outside Part III 5.4.8 Inferred Rights 5.4.9 Human Rights Contents xxiii 5.4.10 Present Position of Right to Education 5.5 Salient Features of Fundamental Rights 5.5.1 Detailed and Comprehensive 5.5.2 All Citizens Equally Enjoy Fundamental Rights 5.5.3 Fundamental Rights are not Absolute 5.5.4 Fundamental Rights Place Certain Limitations on the State 5.5.5 Fundamental Rights can be Suspended 5.5.6 Fundamental Rights are Justiciable 5.5.7 No Natural and Unenumerated Rights in the Indian Constitution 5.5.8 Fundamental Rights can be Amended 5.5.9 Special Constitutional Provisional for the Enforcement of Fundamental Rights 5.6 Judicial Review of Fundamental Rights 5.7 Important Writs for the Enforcement of Fundamental Rights 5.7.1 Habeas Corpus 5.7.2 Mandamus 5.7.3 Prohibition 5.7.4 Certiorari 5.7.5 Writ of Quo Warranto 5.8 Critical Assessment of the Fundamental Rights 5.9 Fundamental Duties 5.10 Relation between Fundamental Right and Fundamental Duties 5.11 Directive Principles of State Policy 5.11.1 Objectives of Directive Principles 5.11.2 Categories of Directive Principles 5.11.3 Nature of the Directive Principles 5.11.4 Significance of the Directive Principles 5.11.5 Utility of the Directive Principles 5.11.6 Criticism of the Directive Principles 5.12 Difference between Directive Principle and Fundamental Rights 5.12.1 Primacy of Directive Principles over Fundamental Rights 5.13 Minority Rights in India 5.14 Enlargement of Fundamental Rights Proposed by National Commission to Review the Constitution 6. Structure of Union Executive 251-290 6.1 President 6.1.1 Qualifications of the President xxiv Constitution, Government and Politics in India 6.1.2 Election of the President 6.1.3 Term of Office and Vacancy 6.1.4 Impeachment of the President (Article 61) 6.1.5 Powers of the President 6.1.6 Position of the President 6.1.7 Discretionary Powers of the President 6.1.8 Veto Powers of the President 6.2 Vice-President 6.2.1 Election of Vice-President 6.2.2 Term of Office 6.2.3 Powers and Functions of Vice-President 6.3 Prime Minister 6.3.1 Appointment of the Prime Minister 6.3.2 Powers and Functions of the Prime Minister 6.3.3 Position of the Prime Minister 6.4 Council of Ministers (Article 163) 6.4.1 Formation of the Council of Ministers 6.4.2 Kinds of Ministers 6.4.3 Cabinet 6.4.4 Distinction between Council of Ministers and Cabinet 6.4.5 Collective Responsibility vs. Individual Responsibility 6.4.6 Functions of the Council of Ministers and the Cabinet 6.4.7 Coalition Government 6.5 Bureaucracy 7. Structure of Union Legislature 291-317 7.1 Parliament: Powers and Functions 7.1.1 Legislative Powers 7.1.2 Financial Powers 7.1.3 Control over the Executive 7.1.4 Judicial Powers 7.1.5 Constituent Powers 7.1.6 Deliberations over Public Matters 7.1.7 Miscellaneous Powers 7.2 Position of the Indian Parliament 7.3 Working of the Parliament 7.4 Legislative Procedure 7.5 Parliamentary Privileges in India (Article 105) Contents xxv 7.6 Types of Majority in Parliament 7.6.1 Simple Majority 7.6.2 Absolute Majority 7.6.3 Effective Majority 7.6.4 Special Majority 7.7 Joint Sitting of the Parliament (Article 108) 7.7.1 Constitutional Provisions for Joint Session 7.8 Sessions of Parliament 7.9 Rajya Sabha (Council of States) 7.9.1 Qualifications 7.9.2 Term of the House 7.9.3 Presiding Officer 7.9.4 Quorum 7.9.5 Powers of Rajya Sabha 7.10 Lok Sabha (House of the People) 7.10.1 Qualifications 7.10.2 Term of the House 7.10.3 Composition (Article 81) 7.10.4 Disqualification from Membership 7.10.5 Defections 7.10.6 Motions Moved in Parliament 7.10.7 Speaker (Presiding Officer) of the Lok Sabha 7.10.8 Secretary-General of Lok Sabha 7.10.9 Committees of Lok Sabha 7.11 Rajya Sabha versus Lok Sabha 7.11.1 Lok Sabha overpowers Rajya Sabha in Certain Matters 7.11.2 Rajya Sabha overpowers Lok Sabha in Certain Matters 8.
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