IndianPolitical System DPOL102 Edited by Dr. Javeed Ahmad Bhat Mr. Rahul Sethi INDIAN POLITICAL SYSTEM Edited By: Dr Javeed Ahmad Bhat and Rahul Sethi Printed by LAXMI PUBLICATIONS (P) LTD. 113, Golden House, Daryaganj, New Delhi-110002 for Lovely Professional University Phagwara SYLLABUS Indian Political System Objectives To provide information regarding the happening in Indian Constitutional System to the students with the help of discussion and analysis on regular basis. The main objective of this course is to make the students able to: • Acquire information regarding the history of formation and development of Indian constitution. • To understand the key concepts and processes related with Indian Political System. • To apply the knowledge of Indian political system to the current political happenings of India. S.No. Topics 1. Preamble of Indian Constitution. 2. Fundamental Rights. 3. Fundamental Duties. 4. Directive Principles of State Policy. 5. Union Government, Parliament and President. 6. Prime Minister and Council of Ministers. 7. The Judiciary: Supreme Court, High court, Judicial Review, Public Interest Litigation and Judicial Reforms. 8. State Government: State Legislature, Governor, Chief Minister and Council of ministers. 9. Indian Federalism: Centre-State relations; Legislative, Administrative, Financial and Political. 10. Political Parties in India: Indian National Congress, Bhartiya Janta Party, Communist Party of India (M), Shrimoni Akali Dal. CONTENT Unit 1: Preamble of Indian Constitution 1 Satyabrata Kar, Lovely Professional University Kirandeep Singh, Lovely Professional University Unit 2: Fundamental Rights 18 Satyabrata Kar, Lovely Professional University Kirandeep Singh, Lovely Professional University Unit 3: Fundamental Duties 27 Javeed Ahmad Bhat, Lovely Professional University Kirandeep Singh, Lovely Professional University Unit 4: Directive Principles of State Policy 31 Javeed Ahmad Bhat, Lovely Professional University Sonia Sharma, Lovely Professional University Unit 5: Union Government: President, Vice President 42 Satyabrata Kar, Lovely Professional University Sonia Sharma, Lovely Professional Universit Unit 6: Union Parliament: Lok Sabha and Rajya Sabha 67 Satyabrata Kar, Lovely Professional University Ripudaman Singh, Lovely Professional University Unit 7: Committees of Union Parliament 92 Javeed Ahmad Bhat, Lovely Professional University Ripudaman Singh, Lovely Professional University Unit 8: Council of Ministers and Prime Minister 107 Javeed Ahmad Bhat, Lovely Professional University Ripudaman Singh, Lovely Professional University Unit 9: The Judiciary: Supreme Court, High Court, Judicial Review 121 Satyabrata Kar, Lovely Professional University Ripudaman Singh, Lovely Professional University Unit 10: Public Interest Litigation and Lok Adalats 139 Satyabrata Kar, Lovely Professional University Unit 11: State Government: State Legislature, Governor, Council of Ministers 149 and Chief Minister Satyabrata Kar, Lovely Professional University Kirandeep Singh, Lovely Professional University Unit 12: Indian Federalism 173 Satyabrata Kar, Lovely Professional University Kirandeep Singh, Lovely Professional University Unit 13: Centre-State Relations: Legislative, Administrative and Financial 185 Politics Javeed Ahmad Bhat, Lovely Professional University Sonia Sharma, Lovely Professional University Unit 14: Indian Political Parties 208 Javeed Ahmad Bhat, Lovely Professional University Sonia Sharma, Lovely Professional University Satyabrata Kar, Lovely Professional University Kirandeep Singh, Lovely Professional University Unit-1: Preamble of Indian Constitution Notes Unit-1: Preamble of Indian Constitution CONTENTS Objectives Introduction 1.1 Preamble of Indian Constitution 1.2 Main Features of the Preamble 1.3 Importance of the Preamble 1.4 Constitution of India: Salient Features 1.5 Causes for Indian Constitution’s Extensive Appearance 1.6 Summary 1.7 Keywords 1.8 Review Questions 1.9 Further Readings Objectives After studying this unit, students will be able to: • Understand the details of the Preamble of Indian Constitution. • Understand the Importance of the preamble. • Know the Date of Adoption of Constitution of India. • Know the Interpretation of Nature of Constitution. Introduction Preamble of Indian Constitution is known as the Soul of our Constitution After 42nd Constitutional amendment, the preamble stands as below: We the people of India, commit to make and establish India a Sovereign, Socialist, Secular, Democratic Republic and further vow to attain it for the people of this country: Justice and Right to Express Economical, Social, Political views and Right to express Opinion and Right to follow own faith; Of Equal opportunities and level and see to increase sense of Brotherhood to enable us to attain Individual Dignity and heightened National solidarity; LOVELY PROFESSIONAL UNIVERSITY 1 Indian Political System 1 29/07/13 10:35 PM Indian Political System Notes 1.1 Preamble of Indian Constitution Preamble of the constitution is the key to its Meaning and Nature. This applies on the Preamble of Constitution of India as well. K. M. Munshi referred to it as the Horoscope of Indian Constitution, in which Constitution’s Fundamental qualities, Philosophy and Nature of Indian State is described. Preamble depicts the Fundamental Philosophy of Indian Constitution and plays a vital role in interpreting various articles of Indian Constitution.Pandit Thakur Bhargava has quoted; “Preamble is a very valuable part of our Constitution, this is the Soul of and Key to the Constitution. This is a key to look into the minds of the makers of the Constitution.This is a Diamond embedded in the Constitution. This is a beautiful Poem with lovely stanzas and complete in itself. This is an appropriate Benchmark, with which we can understand the Value of our Constitution”. Preamble is the Heart and Soul of Indian Constitution. We at our Constitution Making Committee, on the Day of November 26, 1949 fi nally make, pass and Handover our Constitution to us. Socialism, Secularism and Integrity were not a part of Original Preamble and were included by the 42nd Amendment of Constitution in 1976. Self Assessment Fill in the Blanks: 1. ……………………is called as the Soul of Indian Constitution. 2. Socialism, Secularism and Integrity were included to the Preamble of Constitution in the year…… 3. Indian Constitution was made on ……………………………… 1.2 Main Features of the Preamble Preamble lets us know about those Objectives and Nature of the State of India, which shall be adopted and enacted by future GovernmentThis, expresses the Sovereignty of the masses and depicts the very date on which it was fi nally adopted by the Constitution making Committee. We can analyze the Qualities of the Preamble under following Four Heads: (I) The Source of Authority-Popular Sovereignty At the very fi rst place, Preamble accepts the Principle of Sovereignty of the Masses and it starts with these words; “we the People of India”, which clearly testifi es the fact that Final Source of Authority lies in the People, Masses and Subjects of the Nation. Government gets its Power and Authority from the People, Masses and Subjects of the country only. Constitution’s Fundamental Base and Sovereignty lies in the people of this country and its Sovereignty is assured by the people of this county only. Preamble further mentions that this is the desire of members of the houses that the Constitution’s Roots, Authority and Sovereignty lie in the people of the country. According to Dr. Ambedkar, in this particular aspect, Preamble of Indian Constitution is very similar to the Preamble of American Constitution and to the Preamble of Charter of United Nations. Two members of the Constitution making Committee fi rst refused to the use of word; “we the people of India”. H. V. Kamath wanted to include the word; “In The Name of Lord “instead and some other members supported him as well .But after long debate and subsequent Voting done, this proposal was rejected due to it being 41 votes in favor and 68 against it. Another member Maulana Hazrat Mohani 2 LOVELY PROFESSIONAL UNIVERSITY Indian Political System 2 29/07/13 10:35 PM Unit-1: Preamble of Indian Constitution protested against these words that, the Constitution making Committed has been selected by small Notes number of Voters and that too on the basis of Communal Voting Base and hence this Committee is not Comprehensively Representative to the People of the Nation. Therefore, this committee is not eligible to use these words. But Constitution committee rejected his suggestion too and it fi nally started as; “we the people of India “and which further throws light on the Sovereignty of the Masses. On 15th August 1947, British Rule Ceased to exist and it was necessary to have a Declaration like this after India became Sovereign Democratic Republic. (II) Nature of State Preamble describes Five Qualities of India as a Country. It declares India as a Sovereign, Socialist, Secular, and Democratic Republic. Initially Preamble did not have Socialist and Secular words as its part, but later on included by 42nd Amendment of 1976. We need to explain each of the fi ve qualities of Indian State , as mentioned : (1) India is a Sovereign State: Preamble declares India as a Sovereign State. Such a Declaration was required to put a fi nal nail in the British Empire Coffi n. It also reaffi rms that India is no longer a region dependent or under British Crown nor is anymore part of its colonial territory. This further technically reaffi rmed the