COI Unit-1 Part-1Basic Information about Indian Constitution

Que1.1. What’s a constitution? Answer 1. A constitution is primarily a set of rules and principles specifying how a country should be governed, how power is distributed and controlled, and what rights citizens retain. 2. A constitution is a set of abecedarian legal- political rules thati. Are binding on everyone in the state, including ordinary legislator institutions; ii. Concern the structure and operation of the institutions of government, political principles and the rights of citizens; iii. Are grounded on wide spread public legality; iv. Are harder to change than ordinary laws(e.g. a two- thirds maturity vote or a vote is demanded); v. As a minimum, meet the internationally honored criteria for a popular system in terms of representation and mortal rights. Que1.2. What are the functions of a constitution? Answer 1. Constitutions can declare and define the boundaries of the political community 2. Constitutions can declare and define the nature and authority of the political community. 3. Constitutions can express the identity and values of a public community. 4. Constitutions can declare and define the rights and duties of citizens. 5. Constitutions can establish and regulate the political institutions of the community- defining the colorful institutions of government; defining their composition, powers and functions; and regulating the relations between them. 6. Constitutions can divide or partake power between different layers of government orsub-state communities. Que1.3. Describe constitution at the crossroad of legal, social and political life? Answer 1. Constitutions as legal instruments It makes the operation of power procedurally predictable, upholds the rule of law, and places limits on the arbitrariness of power. It’s the supreme law of the land, and it provides the norms that ordinary bills have to misbehave with. 2. Constitutions as social affirmations Constitutions frequently essay, to varying degrees, to reflect and shape society- for illustration, by expressing the( being or intended) common identity and bournes of the people, or by publicizing participated values and ideals. These vittles are generally set up in preambles and opening affirmations, but can also be set up in pledges and mottos or on flags and other symbols that are defined by the Constitution. 3. Constitutions as political instruments The constitution prescribes a country’s decision making institutions constitutions ‘ identify the supreme power ’, ‘ distribute power in a way that leads to effective decision making ’ and ‘ give a frame for continuing political struggle ’. The political vittles show how state institutions( congress, superintendent, courts, head of state, original authorities, independent bodies,etc.) are constituted, what powers they’ve and how they relate to one another. Que1.4. What does a constitution generally contain? Answer Divisions Most constitutions are divided andsub-divided into corridor that may similarly be known as titles, chapters, papers, sections, paragraphs or clauses. Arrangement Constitutions vary in the arrangement of their vittles, although it’s now usual for principles and rights vittles to be placed in a separate section. The layout of a typical constitution might act the following Preamble A statement of the overarching motives and pretensions of the constitution- making exercise, occasionally pertaining to important literal events, public identity or values. 2. overtures A protestation of sovereignty or of introductory principles of government; the name and home of the state; citizenship and ballot; state testament, values or objects. 3. Abecedarian rights A list of rights, including their connection, enforcement, limitations, suspense or restriction during a state of exigency. 4. Social and profitable rights or policy directives. 5. Parliament or council Its structure, composition, terms of office, boons, procedures,etc. 6. Head of state The system of selection, powers, terms of office. 7. Government( in a administrative orsemi-presidential system) Government conformation rules, responsibility, powers. 8. Judiciary Court system, judicial movables , judicial independence, public prosecutors. 9. Sub-national government Federal or regressed powers, original government. 10. vittles for blackballs. 11. Institutions of the so- called integrity branch( electoral commission, ombudsman, inspection institution, etc). 12. Security sector Commander- in- chief, any restrictions on military power. 13. Other eclectic vittles special vittles for particular groups, language laws, particular institution,etc. 14. Correction procedures, perpetration schedule and transitionary vittles. Que1.5. Define constitutionalism. Write rudiments of constitutionalism. Answer 1. The idea of Constitutionalism suggests ways and means to work out a governmental form, which exercises power and ensures, at the same time, individual freedom and liberty. 2. indigenous government, thus, should inescapably be popular government. rudiments of Constitutionalism 1. Written Constitution 2. Independent Judiciary 3. Judicial Review 4. Rule of Law 5. Separation of Powers 6. Free and Fair choices 7. Responsible Government 8. Abecedarian Rights 9. Federalism 10. Decentralisation of powers. Que1.6. What’s constituent assembly of India? Answer 1. The Constituent Assembly of India was a autonomous body, which was formed to draft a Constitution for India. 2. An idea for a Constituent Assembly was proposed in 1934 byM.N. Roy. It came an sanctioned demand of the Indian National Congress in 1935 and was accepted by the British in August 1940. 3. It held its first sitting on 9 December 1946 and reassembled as Constituent Assembly for disunited India on 14 August 1947. 4. Its members were chosen by circular election by the members of the Provincial Legislative Assemblies that had been established under the Government of India Act, 1935. 5. The Constituent Assembly was composed roughly along the lines suggested by the plan proposed by the commission of the British press, known as the Cabinet Mission. Que1.7. Explain the conformation of the constituent assembly. Answer 1. The Constituent Assembly was formed on the recommendation of the Cabinet Mission which visited India in 1946. 2. The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be distributed to British India and 93 seats to the Princely States. Out of 296 seats distributed to the British India, 292 members were to be drawn from the 11 governors’ businesses and 4 from the 4 principal officers’ businesses. 4. Each fiefdom and kingly state were to be distributed seats in proportion to their separate population. Roughly, 1 seat was to be distributed for every million population. 5. Seats allocated to each British fiefdom were to be decided among the three top communities- Muslims, Sikhs and general, in proportion to their population. 6. The representatives of each community were to be tagged by members of that community in the parochial legislative assembly. 7. The representatives of kingly countries were to be nominated by the heads of the kingly countries. 8. After conformation of Pakistan the Muslim League members withdrew from the Constituent Assembly for India. 9. Accordingly, the total strength of the Assembly came down to 299 as against 389. 10. The Constituent Assembly met for the first time in New Delhi on 9th December, 1946. 11.Dr. Rajendra Prasad came the endless president of the constituent assembly. 12. On 13th December, 1946, Pandit Jawaharlal Nehru moved the objects Resolution which resolved to annunciate India as an Independent Sovereign Republic and to draw up for her unborn governance, a Constitution. 13. The Constituent Assembly took two times, eleven months and eighteen days to complete its major task of drafting the Constitution for Independent India. 14. The Constituent Assembly held 11 sessions covering a aggregate of 165 days. 15. The honourable members added their autographs to the constitution on 24th January, 1950. The Constitution of India came into force on 26th January, 1950. 16. On that day, the Constituent Assembly desisted to live, transubstantiating itself into the Provisional Parliament of India until a new Parliament was constituted in 1952. Que1.8. What are the functions of constituent assembly? Answer Functions of the constituent assembly 1. Framing the Constitution. 2. making laws and involved in the decision making process. 3. It espoused the National flag on July 22, 1947. 4. It accepted and approved India’s class of the British Commonwealth in May 1949. 5. It taggedDr. Rajendra Prasad as the first President of India on January 24, 1950. 6. It espoused the public hymn on January 24, 1950. 7. It espoused the National song on January 24, 1950. Que1.9. On what grounds the constituent assembly was blamed? Answer The grounds on which the Constituent Assembly was blamed were as follows 1. Not a Popular body Critics argued that the members of the Constituent Assembly weren’t directly tagged by the people of India. 2. Not a Autonomous body The critics stated that the Constituent Assembly wasn’t a autonomous body as it wasn’t created by the people of India. It was created by the proffers of the British autocrats by administrative action before India’s independence and its composition was determined by them. 3. Time consuming The critics maintained that the time taken to prepare the Constitution was too important in comparison to other nations. 4. Dominated by Congress The critics continued to argue that the Congress in the Constituent Assembly was relatively dominating and assessed its thinking on the people of the country through the Constitution drafted by it. 5. Dominated by one community According to some critics, the Constituent Assembly demanded religious diversity and was dominated by the Hindus. 6. Dominated by attorneys Critics also argued that the Constitution came big and clumsy due to dominance of attorneys in the Constituent Assembly. They’ve made the language of the Constitution delicate for a nonprofessional to understand.

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