Tag: Bachelor of Business Administration

Making up the Indian Constitution. In 1928, few Congress leaders drafted a constitution for India. In 1931, in the Karachi session of the INC passed a resolution Or what should be the structure, an objective of the Indian Constitution In the above 2 meetings, there were certain common concept agreed upon inclusion of Universal adult franchise, right to freedom and equality, protecting the rights of minorities. Fact. The constitution was drafted for two years, 11 months, 17 days. It was handwritten by a calligrapher whose name was Prem Bihari Narayan Raizada. Background of Constitution. Constituent assembly. Fact. The Constituent Assembly were elected representatives. The election was held in 1946. The Constituent Assembly had 299 members. The Constitution was adopted in November 26 1949. It was effective from 26 January 1950. The Constituent Assembly was directly chosen by the people of India. The provincial legislature selected to representatives. 25% of the members came from princely states. Only 15% were women. There were other people like socialist, liberals, member of the Hindu Mahasabha, Muslim League and also representatives from the Adivasi community. Some of the other members of Constituent Assembly were Ballabvai Patel, Abdul Kalam Azad, T.T. Krisnamachari, Durgabai Deshmukh, Baldev Singh The chairman of the drafting community was Dr. Bhimrao Ambedkar. The Assembly worked in a systematic, open and consensual manner. The proceeding of the Constituent Assembly is still preserved in 12 volumes and they provide the rationale behind the provisions of the constituent. The British government introduced constitutional amendments from time to time in response to popular pressure of the Indian people. The Government of India Act, 1858. It established the British Crown as the ruler of India. The control of the British Crown in Parliament was to be exercised by the Secretary of State in India. The Governor General would present the Crown in India and an executive council would assist him. Every province would have a governor. Imperial rule was established and local public opinion did not find any place. Indian Council Act, 1892. To increase the number of members in the Imperial legislature and provincial legislature. Elections to the provincial legislature were held, but some seats were reserved for important sections of the population. The non official members were elected by parties like the Chamber of Commerce, Universities and Municipalities and direct boards. Indian Council Act of 1909. The 1909 act was add update becaused extremist leadership of national movement like Balgangadhar Tilak, Bipin chandra pal, Lala Rajpat rai demanded that a new act must be framed. Membership was increase along with elected non official members. Separate representation was given to the Hindu and Muslim electorate. The act did a permanent damage to the nationalist movement because of the Muslim representation given in access to the population. Other communities also began to demand special representation. Some of that emerging communities are The Sikh, The horizons., the Anglo Indians, The Indian Christian, The Europeans. Government of India Act, 1919. This act came as a reform of the Montagu-Chelmsford scheme. The Office of the High Commissioner of the India was created and the power of the Secretary of State was reduced. Administration was put under two list. The central list. Provincial list. The central list had subjects like Law, Revenue, Justice, Irrigations, prisons. The provincial list had subjects like education, public works, local self government, public health etc. The system of direct election to from Provincial Assemblies was accepted. However the qualification to fight election was Property The minister in the provinces were responsible to the governor and not To the legislature. Government of India Act, 1935. 3 list - Federal list, Provincial list, Concurrent List. Certain emergency powers were given to the governor general of India. Introduction of Diarchy In the centre. The Act provided that a federal form of governess will come in the operation in 1937. In the elections, the Congress Party formed the government in eight provinces and the Muslim League did not do so well. The Congress and the British began to have differences where the former did not want India to be involved in the World War II. The Congress minister in the province resign to protest. In August 1940, the Viceroy made a declaration that a new constitution would be formed an the drafting would be done by the Indian themselves. This declaration was known As August Revolution. Simon Commission. The Simon Commission was a statutory Commission that was appointed in 1927. The Commission was faced with Hartals And protest. The main political party and platform, which was the Congress party in two groups. a) The Moderats who supported the dominance status of India. b) The left wing Congress who wanted immediate independence. The simon report suggested changes in the executive and legislative setup and the provinces. The Central Legislative Assembly was to be called the Federal Assembly. Provincial councils would elect members from provinces to the federal assembly. Communal represent was to continue. A new institution called Council for Greater India was proposed and the members would be from the British provinces and Princely states. Nehru Report. In 1928, a committee of members with Motilal Nehru as the chairman was formed. They recommended Some fundamental rights. Parliamentary system of cabinet government headed by our Prime Minister. The Central Legislature would consist of two houses, lower house with elected representatives, upper house to be elected by the poor legislature. Cripps Mission 1942. Sir Cripps put forward his recommendation as follows A constitution making body would be elected after the war by the member of the provincial constitution making body. This proposal gave freedom to the provinces and the princely states to accept or reject a constitution that would be framed. The Muslim League was an unhappy because the mission did not accept a separate Muslim nation. The group's proposal was suddenly withdrawn in April 1942, and so the Congress announced the Quit India Movement 1942. Cabinet Mission 1946. The Cabinet Mission 1946 was added by Lord Patrick Lawrence and also had Sir Cripps as a member. The cabinet mission was to make recommendation of transfer of power. it suggested the formation of the constituent assembly The composition of the constituent assembly to be in proportion. Proportion two different communities and groups. It laid down the working principle of the Constituent Assembly. While the Constituent assembly would prepare the constitution, an interim government would be formed. Lord Mount Baton. In 1947, the Mountbatten Plan was announced that India will be partitioned. The planned outline that division of provinces. The Punjab and Bengal Assemblies would decide how they wanted to be partitioned and whether they would be part of India or not. A separate Constituent Assembly for Pakistan was set up in July 1947. The plan provided for an interim government for India and Pakistan and also an interim constitution by amending the 1935 Act. Indian Independence Act, 1947. Indian Independence Act 1947 was made-up of 20 clauses. it It declares that India and Pakistan would be given power on 15 August 1947. The princely states would be free to decide to remain independent or join either India or Pakistan. The office of the Secretary of State was removed. The constitutional heads would be the Governor General and the provincial governors. There would be a Council of Ministers. Preamble to Constitution. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a '[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to al its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity and to promote among them all; FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949 do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Sovereign This refers to the Unquestioned acceptance of the authority of the state within its territory and also by other states. The Indian state is recognised as having legitimate authority over its own territory and People. Socialist. The term socialist was included in 1976 by the 42nd amendment of the Constitution. Economic justice is a goal of the Indian state and the Constitution has provisions. Some of the provisions are In the fundamenta Right and at the directive principles. Secular. The word secular was also included by the 42nd Amendment. Dust it participates equally and promote all religious faith equally. Some of the secularist goals are included in the fundamental rights, such as right to believe. Faith and worship right to religious expression. Article 25-28 provides the right to freedom of religion and equality of status. Democracy. One of that test of Democracies is adult franchise. The Election Commission of India conducts elections both for the Centre and the states after every five years. The second test of democracy is the implementation of the idea of a welfare state. Influences on Indian Constitution Great Britain USA, Ireland Australia. Parliamentary democracy. Great Britain has the institution of Parliament and democracy since centuries. When the Indian Constitution was being retained, the Constituent Assembly being adopted few things from the Constitution of Great Britain Parliamentary form of government. The process of lawmaking. The institution of the Speaker of the Assembly and. Single citizenship. Federal structure. The USA Constitution have given us a idea of federalism. The Indian Constitution has borrowed American institutions such as. A. Supremacy of the Constitution. B. Independent judiciary. C. Judicial review. D. Elected head of the state. E. The procedure for impeachment of the President. F. The process of rectification Ratification.. Constitutional amendment by legislature. G. Fundamental rights of poetry along the lines of the Bill of Rights of the American Constitution. Directive Principles of State Policy. Ireland. The Irish constitution has influenced the welfare state idea included in the Indian constitution. The method of the election of the president. Nomination of Members to the Righteous above or the Upper House. Nomination of members of the Russia Suba. Or the Upper House. The members are selected from the fields of art, literature, science, social service, sports, entertainment. From Australia. Indian Constitution has borrowed from the concurrent list under the 17th schedule of Article 245 and 246. From Canada. The Canadian system has even asked a idea of Union of States and the power residing on the Union. What is federalism? Federalism is the sharing of power between 2 authorities. The central and the units. The subject's provisions that are of national interest reside under the Union government. A single citizen can fall under two layers of government, and each layer will have its own jurisdiction. For example, taxation laws and laws under administration. The Constitution guarantees the authority of each layer of government. The federal structure in India is guided by the three list. 1.The union list. 2. State list. 3. Concurrent list. The Concurrent list have subjects on which both the Union government and the state government can frame laws. However, if there is a dispute, then the Government of India will be given more weight than the state. The emergency power of the President of India is incorporated in part iviii these powers are used under Extra ordinary circumstances like external elevation, internal disturbance and failure of constitutional machinery and lastly, financial instability. During emergency, the fundamental rights are suspended in all. Legislative power of the state hills is also suspended. The independence power of judiciary of BAUTVII. I. All Star constitution. This is a federal characteristic. The judiciary is the guardian of the constitution and. The interpreter in times of dispute and conflict. However, the loss by Parliament and stateless laser are examined by the British Cherry to see if they are constitutionally appropriate. This is known as judicial review. The Indian judicial system is not like the USA. The USA is far more federal because of the principle of due process of law. DPL. It is followed. The Indian system follows the parliamentary to decide the course of law and therefore does judiciary thought independent has to work according to the parliamentary lawmaking powers.

Tag: Bachelor of Business Administration

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