Unit-6 Philosophy of Indian constitutional

Unit-6 Philosophy - UNIT 6 BASIC FEATURES Structure Objectives Introduction Government of India Act 1935 Constituent Assembly Essential Features

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UNIT 6 BASIC FEATURES Structure Objectives Introduction Government of India Act, 1935 Constituent Assembly Essential Features 6.4.1 Sovereign, Democratic, Republic 6.4.2 Union of States 6.4.3 Fundamental Rights 6.4.4 Directive Principles of State Policy 6.4.5 Fundamental Duties 6.4.6 The Union: Executive, Legislature and Judiciary Emergency Provisions 6.5.1 General Emergency 6.5.2 Declaration of Constitutional Emergency 6.5.3 Financial Emergency Federalism 6.6.1 centre-state Relations Relative Flexibility Let Us Sum Up K -?y Words Some Useful Books Answers to Check Your Progress Exercises 6.0 OBJECTIVES In this Unit we shall discuss the salient features of the Indian Constitution in the backdrop of the relevant events that preceded the coming into force of the Constitution. After going through this unit you should be able to: List out the essential features of the Indian Constitution; and Highlight the significance of the salient features. 6.1 INTRODUCTION The Constitution of India is the will of the people of the country. It sets the broad functional parameters of governance. The Constitution was prepared after lengthy deliberations in the Constituent Assembly, which began on 6 December 1946 and came into force on 26 January 1950. 6.2 GOVERNMENT OF INDIA ACT, 1935 \ The precursor to the Indian Constitutio~l was the Government of India Act of 1935, . usually referred to as the 1935 Act. The Indian Independence Act, 1947 held that until a new Constitution came into force, the 1935 Act would be the Constitutional Law of India. \ The 1935 ~ct was the product of the Report of a Joint Select Committee that was discussed in the British Parliament before finally receiving the assent of the Queen, on 2 August 1935. Some of the features of the 1935 Act, with modifications though, were later incorporated in the Constitution of India. These include a federal structure
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in tlie form of a Union government and State government(s) [Centre and State(s)] and the division of powers between them [Union List, State List and Concurrent List] bicameral Legislature-the Lower House and tlie Upper House [Lok Sabha and Rajya Sabha at the Union level; and State Legislative Assembly and State Legislative Council, at the State level], Federal Court [the Supreme Court]. I 6.3 CONSTITUENT ASSEMBLY For the purpose of writing a constitution, a Constituent Assembly was convened. Constitution making was no easy task. Tlie Constitiltion liad to live up to the aspirations I of the people who had been exposed to several centuries of injustice, social exploitation and discrimination, as well as two centuries of colonial dominance. Moreover, if it were to be applicable and acceptable to diverse religious, political and regional sections, L it had to embody their interests. Tlie motto with wliich the constitution-making exercise was undertaken was 'consensus', rather than the 'majority principle'. In this, I I representatives from diverse ideological backgrounds, and several of them with a legal background, worked together. At the liead of tlie exercise was Dr. Rajendra Prasad,
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This note was uploaded on 03/13/2012 for the course IR 101 taught by Professor Harfancoofers during the Spring '12 term at Sunway University College.

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Unit-6 Philosophy - UNIT 6 BASIC FEATURES Structure Objectives Introduction Government of India Act 1935 Constituent Assembly Essential Features

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