2. Historical perspective of the Constitution of India
Indian System of Administration
Indian democracy is a Parliamentary form of democracy where the executive is responsible to the Parliament. The Parliament has two houses – Loksabha and Rajyasabha. Also, the type of governance is Federal, ie there is separate executive and legislature at Center and States. We also have self-governance at local government levels. All these systems owe their legacy to the British administration. Let us see the historical background of the Indian Constitution and its development through the years.
Regulating Act of 1773
The first step was taken by the British Parliament to control and regulate the affairs of the East India Company in India.
It designated the Governor of Bengal (Fort William) as the Governor-General (of Bengal).
Warren Hastings became the first Governor-General of Bengal.
Executive Council of the Governor-General was established (Four members). There was no separate legislative council.
It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal.
The Supreme Court was established at Fort William (Calcutta) as the Apex Court in 1774.
It prohibited servants of the company from engaging in any private trade or accepting bribes from the natives.
Court of Directors ( the governing body of the company) should report its revenue.

3. Salient Features and characteristics of the Constitution of India

4. Scheme of the fundamental rights
Fundamental Rights in India (Article 12-35)
The development of Fundamental Rights in India is heavily inspired by the United States Bill of Rights. These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.
Fundamental Rights are included in Part-III of the Indian constitution which is also known as the Magna Carta of the Indian Constitution.
These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated
Features of The Fundamental Rights
Some of the salient features of Fundamental Rights include:
FRs are protected and guaranteed by the constitution.
FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for a fixed period of time. However, the court has the power to review the reasonability of the restrictions.

5. The scheme of the Fundamental Duties and its Legal Status
Now-a-days, terms like ‘right to education’, ‘right to information’ and ‘right to protest peacefully’ are being used quite frequently. Many a time, we also feel that you have certain rights. Simultaneously, you may have been told by some one, may be your teacher, that you have certain duties towards other individuals, society, nation or the humanity. But do you think that every human being enjoys the rights or everyone performs the duties Perhaps not. But everyone will agree that there are certain rights that must be enjoyed by individuals. Particularly, in a democratic country like ours, there are rights that must be guaranteed to every citizen. Similarly there are certain duties that must be performed by democratic citizens. Which is why, the Constitution of India guarantees some rights to its citizens. They are known as Fundamental Rights. Besides, the Indian Constitution also enlists certain core duties that every citizen is expected to perform. These are known as Fundamental Duties.

6. The directive principles of state policy-Its importance and implementation
Article 36 Definition.
Article 37 Application of the principles contained in this Part.
Article 38 State to secure a social order for the promotion of welfare of the people.
Article 39 Certain principles of policy to be followed by the State.
Article:39A Equal justice and free legal aid.
Article 40 Organisation of village panchayats.
Article 41 Right to work, to education and to public assistance in certain cases.
Article 42 Provision for just and humane conditions of work and maternity relief.
Article 43 Living wage, etc., for workers.
Article 43A Participation of workers in management of industries.
Article 43B Promotion of co-operative societies.
Article 44 Uniform civil code for the citizens.
Article 45 Provision for early childhood care and education to children below the age of six years.
Article 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

7. Federal structure
Federalism is a system of polity in which power is divided between Union and its constituent units i.e. states. In this system, the Central Government usually oversees the issues that are of importance for the entire country, whereas the government at the lower level looks after issues of local concern. There should be two levels of governments, with each having its own independent sphere of administrative and legislative competence. Each level of the government should have an independent tax base. A Written Constitution from which respective governments derive power. Existence of rigid constitution.An independent judiciary to adjudicate if conflict arises between the two tiers of government.
1.1. Federalism in India While India is a federation, the nature of the India’s federalism is often discussed. Some have argued that it is a quasi-federal arrangement. Others consider it as having a unitary character, with many federal features. Moreover, though India has a federal form of government, the world federalism/federation has not been used in the Indian Constitution (the Constitution does not expressly declare India as a federation). Article 1 of the Constitution says that India is a Union of States. But explanation for the same can be found in Dr. Ambedkar’s speech to the Constituent Assembly: “The use of word ‘union’ is deliberate. I can tell you why the Drafting Committee has used it. The Drafting Committee wanted to make it clear that though India was to be a federation, the federation was not the result of an agreement by the states to join in a federation, and that the federation not being the result of an agreement, no state has the right to secede from it.” India’s position, thus, is significantly different from that of USA, where states bargained and a federation was created. The overriding concern at the time of drafting the Constitution was the "unity and integrity of India". This led to a number of factors that gave the Indian Constitution a decidedly unitary tilt, with several provisions in favour of the Union. Some of them have been mentioned below: Unitary Features: • Residuary powers are with the Union Government • States can be created or diminished without their consent • Concept of single citizenship, unlike that of USA • All India Services officers head important positions in States • The role of Governor in States is very important and he is appointed by the Central Government • The system of audit is headed by the CAG, who is appointed by the Central Government • The judges of High Courts are appointed by the President. • Emergency Provisions The framers of the Indian Constitution went in for a mix of strong Central government, with substantial autonomy to the States. In spite of the centrist bias of the Constitution, largely instituted for preserving unity and integrity of the country, the Supreme Court had to concede DELHI JAIPUR PUNE HYDERABAD AHMEDABAD LUCKNOW CHANDIGARH 3 # ©Vision IAS in S.R. Bommai vs. Union of India that federalism, like secularism, is a basic feature of the Student Notes: Constitution. With increasing emphasis on decentralization of powers to better address local needs and aspirations, the federal aspects are likely to be strengthened in future, greater nuances of which have been discussed in subsequent sections. 2. Federal Structure Being federal in nature, our Constitution divides legislative, executive and financial powers between the Centre and States. But, judicial powers are exercised by an integrated judicial system, which enforces both the central and state laws, unlike other federations like USA, where judicial powers are also divided Union State Legislative Relations (Arts. 245 to255) As per the Indian Constitution, legislative or law making powers are not vested in a single tier of government, rather they have been distributed between the Centre and the States with respect to territory and subject matter. (A) Territorial Jurisdiction The Constitution defines the territorial limits of legislative powers. Parliament can make laws for whole or any part of the territory of India. It has extra territorial legislative powers as well, which means that laws of Parliament are also applicable to the Indian citizens and their property in any part of the world. Whereas a State can legislate only for their State and its laws are not applicable outside the State, except when there is a sufficient nexus between the State and the population or area (like some strong relation in past, which is still continued). However, there are certain limitations to territorial jurisdiction of Parliament in certain situations. For example - The Governor is empowered to direct that an act of Parliament does not apply to a Scheduled Area in the State or applies with specified modifications and exceptions. (B) Subject Matter As regards the subjects of legislation, the constitution adopts three list system from the Government of India Act, These three lists are the Union, State and Concurrent List as mentioned in the VIIth Schedule of the Constitution. The Union List contains subjects of national relevance (mentioned in the table below) over which the Parliament has an exclusive authority to formulate laws. This list at present has 100 subjects (originally 97 subjects). The State List includes subjects of importance to the States (mentioned in the table below), over which the State legislature has an exclusive authority to formulate laws. This list at present has 61 subjects (originally 66 subjects). The Concurrent List containing subjects of mutual relevance over which both the Parliament and State Legislatures can legislate, but in case of conflict the Union law will prevail. This list at present has 52 subjects (originally 47 subjects). Level Competences Enabling Provision Centre Defence, Atomic Energy, Foreign Affairs, Citizenship, Transport, Infrastructure, Postal Service, Banking, Natural Resources Article VIIth Schedule (List I) State Public Order/Police, Public Health, Agriculture, Water, Land, State Public Services Article VIIth Schedule (List II) Centre + States (Concurrently) Criminal Law, Economic/Social/Family Planning, Marriage Law etc. Article VIIth Schedule (Li

8. Parliamentary form of Government

9. Ammendment of the Constitutional Powers and Procedure
In a Parliamentary system, the legislature is the supreme governing body. The executive derives its power form the legislature. The legislature constitute mostly the representative of the people.
The parliamentary government is functional in Britain, Denmark, Austria, India, Japan.

10. FEATURES Stable Majority Collective Responsibility
Individual Responsibility
Membership of Parliament
Leadership of the Prime Minister
Political Homogeneity
Secrecy , in this form state can keep secret , state is more confident and sustainable .
Mutual toleration between Political Parties
Right of the Executive to dissolve the legislature

11. MERITS Co-operation between Parliament and the cabinet
Responsible Government
The Government does not become autocratic
It is more educative
More adjustable according to changing circumstances
Head of the state is impartial
Parliamentary government is responsive to public opinion
It has changed absolute monarchy into democracy
The ministers get the chance to show their ability and worth
This system provides for an alternate government

12. Amendment of Constitution-Need Times Life of Nation - Not Static
Constitution - Living Organism
Constitution- Drafted in one era, often inadequate for another
Change in political, social and economic conditions of a nation
Right of every generation to mould its future

13. Modes of Constitutional Change Informal Formal
Informal through Judicial Interpretation, Conventions and Constitutional usages
Formal Through Amendments
Position in USA only 27 amendments since Rigid procedure U/A V
Position in Australia 8 since 1901 Sec.128
Position in Canada Under BNA Constitution Act of 1982

14. The historical perspectives of the constitutional amendments in india
The Constitution of India provides for a distinctive amendment process when compared to the
Constitutions of other nations. This can be described as partly flexible and partly rigid. The Constitution provides
for a variety in the amending process. This feature has been commended by Australian academic Sir Kenneth
Wheare who felt that uniformity in the amending process imposed "quite unnecessary restrictions" upon the
amendment of parts of a Constitution.[1] An amendment of the Constitution can be initiated only by the introduction
of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that
House and by a majority of not less than two-thirds of the members of that House present and voting.[3]  .
Every constitutional amendment is formulated as a statute. The first amendment is called the "Constitution (First Amendment) Act", the second, the
"Constitution (Second Amendment) Act", and so forth. Each usually has the long title "An Act further to amend the Constitution of India".

15. This is known as special majority
This is known as special majority. There is no provision for a joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States. Although there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent.[1]

16. If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States. Although there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent.[1]

17. Emergency Provisions

18. National Emergency
The President can declare three types of emergencies — national, state and financial emergency in a state.
==National emergency under Article 352== Yogesh Kumar Originally at the beginning, a National emergency could be declared on the basis of "external aggression or war" and "internal disturbance" in the whole of India or a part of its territory under Article 352. Such an emergency was declared in India in the 1962 war (China war), 1971 war (Pakistan war), and 1975 internal disturbance (declared by Fakhruddin Ali Ahmed ).[2] But after the 44th amendment act 1978, National Emergency can only be declared on grounds of "External aggression or war", also called as External Emergency & on the ground of "armed rebellion", also called as Internal Emergency. The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister. .

19. Such a proclamation must be laid before both houses of Parliament and the state of emergency expires after one month
unless approved within that time by both houses sitting and voting separately.
However, if the Lok Sabha (the lower
house) has been dissolved or dissolution takes place in the state of emergency, and the Rajya Sabha approves of the
state of emergency, the deadline for the Lok Sabha is extended until thirty days after that house reconstituted.
According to Article 352(6),[3] approval by either house requires a special majority: those in favour of the motion must be
two-thirds of those present and voting, and amount to a majority of the entire membership of that house.
A Parliamentary resolution extends the state of emergency for up to six months, and it can be extended indefinitely by further resolutions in six-monthly increments.

20. President Rule
The President of India can overtake the legislative and executive power of the state by imposing the emergency in a state in case of “failure of Constitutional machinery”. Article 356 states that “If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may be Proclaim emergency in a state”..

21. With the proclamation of President rule in a state, the elected government is dismissed and legislative assembly got suspended and the administration of the state is directly controlled by the President through his representative governor.

22. According to Article 352(6),[3] approval by either house requires a special majority: those in favour of the motion must be two-
thirds of those present and voting, and amount to a majority of the entire membership of that house. A Parliamentary resolution
extends the state of emergency for up to six months, and it can be extended indefinitely by further resolutions in six-monthly increments.

23. Financial Emergency
The Proclamation, Annexure 'A', has actually been issued on the advice of the Home Minister of India. According to the Government of India (Allocation of Business) Rules, 1961, it is provided that the Minister of Home Affairs will be in charge of the following items:
Item No. 27. Matters relating to the Emergency Provisions of the Constitution other than those relating to financial emergency.....
The President of India is a Constitutional Head, He functions on the advice of the Cabinet and the particular subject of the issue of a Proclamation is directly under the Home Minister. The Proclamation has, therefore, been issued by the President of India in his name as advised by the Home Minister of India. The Proclamation states that it is issued on receipt of the report of the Governor of the State of Haryana and all other information. The other information has not been mentioned in the Proclamation at all and is not available to the petitioner. The report of the Governor is available to the petitioner as it has been published in the Press and the same is filed as Annexure 'B' to this petition. The Proclamation issued in the name of the President is, in sum and substance as also constitutionally, an order issued by the Government of India and is liable to be quashed to this writ petition".

24. The Proclamation has, therefore, been issued by the President of India in his name as advised by the Home Minister of India. The Proclamation states that it is issued on receipt of the report of the Governor of the State of Haryana and all other information. The other information has not been mentioned in the Proclamation at all and is not available to the petitioner. The report of the Governor is available to the petitioner as it has been published in the Press and the same is filed as Annexure 'B' to this petition. The Proclamation issued in the name of the President is, in sum and substance as also constitutionally, an order issued by the Government of India and is liable to be quashed to this writ petition".

25. The report of the Governor is available to the petitioner as it has been published in the Press and the same is filed as Annexure 'B' to this petition. The Proclamation issued in the name of the President is, in sum and substance as also constitutionally, an order issued by the Government of India and is liable to be quashed to this writ petition".

27. 16.2 FUNDAMENTAL RIGHTS As we have seen, rights are claims that are essential for the existence and development of individuals. In that sense there will a long list of rights. Whereas all these are recognized by the society, some of the most important rights are recognized by the State and enshrined in the Constitution. Such rights are called fundamental rights. These rights are fundamental because of two reasons. First, these are mentioned in the Constitution which guarantees them and the second, these are justiciable, i.e. enforceable through courts. Being justiciable means that in case of their violation, the individual can approach courts for their protection. If a government enacts a law that restricts any of these rights, it will be declared invalid by courts. Such rights are provided in Part III of the Indian Constitution. The Constitution guarantees six fundamental rights to Indian citizens as follows: (i) right to equality, (ii) right to freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights, and (vi) right to constitutional remedies. While these fundamental rights are universal, the Constitution provides for some exceptions and restrictions.

28. First, these are mentioned in the Constitution which guarantees them and the second, these are justiciable, i.e. enforceable through courts. Being justiciable means that in. case of their violation, the individual can approach courts for their protection

29. Scheme of fundamental right to equality
Right to Equality is very important in a society like ours. The purpose of this right is to establish the rule of law where all the citizens should be treated equal before SOCIAL SCIENCE MODULE - 3 Fundamental
Rights and Fundamental Duties Democracy at Work 28 Notes the law. It has five provisions (Articles 14-18) to provide for equality before law or for the protection of law to all the persons in India and also to prohibit discrimination on the grounds of religion, race, caste, sex or place of birth.

30. (i) Equality before Law: The Constitution guarantees that all citizens will be equal before law. It means that everyone will be equally protected by the laws of the country. No person is above law. It means that if two persons commit the same crime, both of them will get the same punishment without any discrimination

31. (ii) No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth: The State cannot discriminate against a citizen on the basis of religion, race, caste, sex or place of birth. This is necessary to bring about social equality. Every citizen of India has equal access to shops, restaurants, places of public entertainment or in the use of wells, tanks or roads without any discrimination

32. . (iii) Equality of Opportunity to all Citizens in matter of Public Employment: The State cannot discriminate against anyone in the matter of public employment. All citizens can apply and become employees of the State. Merits and qualifications will be the basis of employment. However, there are some exceptions to this right. There is a special provision for the reservation of posts for citizens belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBCs)

33. Scheme of the Fundamental Right to certain Freedom under Article 19
Article 19 ( 1) 1 of the Constitution, guarantees certain fundamental rights, subject to the power of the State to impose restrictions on the exercise of those rights. The Article was thus intended to protect these rights against State action other than in the legitimate exercise of its power to regulate private rights in the public interest.

34. . FREEDOM OF SPEECH AND EXPRESSION Expression is a matter of liberty and right. The liberty of thought and right to know are the sources of expression. Free Speech is live wire of the democracy. Freedom of expression is integral to the expansion and fulfillment of individual personality.

35. Freedom of expression is more essential in a democratic setup of State where people are the Sovereign rulers. Iver Jennings said, without freeqom of speech, the appeal to reason which is the basis of democracy cannot be made. Milton in his Aeropagitica says that without this freedom there can be no health in the moral and intellectual life of either the individual or the nation. According to Justice Krishna Iyer, "This freedom is essential because the censorial power lies in the people over and against the Government and not in the Government over and against the people." The freedom of speech and expression is required to fulfill the following objectives : a} To discover truth b} Non self-fulfillment c) Democratic value d} To ensure pluralism

36. According to Justice Krishna Iyer, "This freedom is essential because the censorial power lies in the people over and against the Government and not in the Government over and against the people." The freedom of speech and expression is required to fulfill the following objectives : a} To discover truth b} Non self-fulfillment c) Democratic value d} To ensure pluralism

37. Scope of the Right to Life and Personal Liberty under Article 21
Article 21 guarantees the protection of life and personal liberty to every individual and states that, "No person shall be deprived of his life and personal liberty except according to procedure established by law." The true test of a democracy is how its laws stand with regard to the life and liberty of its people.

38. References
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