Friday, February 21, 2025

indian polity 2

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→ "Keeping in mind the diversity in India, and incorporating the interests of various groups and special groups,
This Constitution has been made comprehensive" - Sir Ivor Jennings.

Salient Features of the Indian Constitution:

1.  Written and Lengthy Constitution
2.  Preamble of the Constitution
3.  Secular Constitution
4.  Fundamental Rights
5.  Fundamental Duties
6.  Directive Principles of State Policy
7.  Combination of Rigid and Flexible Features
8. Combination of Unitary and Federal Features
9. Independent Judiciary
10. Parliamentary Form of Government
11. Universal Adult Franchise
12. Independent and Impartial Judiciary
13. Judicial Review
14. Independent Constitutional Commissions
15. Special Opportunities for Special Groups
16. Basic Structure Doctrine
17. Integrated or Unified Judiciary

Written and Lengthy Constitution: - The world's largest written constitution is the
Indian Constitution.

→ Elements in our Constitution when it came into force:

| Item            | 1950 | 2010       |
|-----------------|------|------------|
| Articles        | 395  | 445 (2010) |
| Schedules      | 8    | 12         |
| Parts           | 22   | 24         |

==Page 22 (of the new set; Image 2 of this set)==

→ In reality, after 1950, 24 articles were removed from the Constitution, making the
number of articles 371. However, they are still considered as 395.
* The sub-clauses added to the articles through amendments in the Constitution are also
included, and currently, there are 445 articles.

→ After the Constitution came into force, 4 additional schedules were added to the Constitution.
increasing the number of schedules to 12
→ The total number of parts was 22 in 1950.

- In 1956, through the 7th Amendment, Part-B, which was intended for states, the 7th
Part was removed from the Constitution.
- In 1976, the Indira Gandhi government, through the 42nd Constitutional Amendment, added two
parts to the Constitution.
    1. Part IV A through Fundamental Duties,
    2. Part 14 A through the establishment of Administrative Tribunals.

- In 1992, during the P.V. Narasimha Rao government, through the 74th Constitutional Amendment,
Part 9A was added for urban and municipal bodies.
* The current number of parts in the Constitution is 24.

==Page 23 (of the new set; Image 3 of this set)==
Indian Constitution - Parts

| No. | Part                 | Description                                                                          |
|-----|----------------------|--------------------------------------------------------------------------------------|
| 1   | (1-4 Articles)       | The territory of India, states, and union territories.                               |
| 2   | (5-11)                | Citizenship                                                                          |
| 3   | (12-35)              | Fundamental Rights                                                                  |
| 4   | 36-51               | Directive Principles of State Policy                                                |
| 4A  | [51A]                | Fundamental Duties                                                                  |
| 5   | [52-151]              | The Union Government                                                                 |
| 6   | [152-237]             | Structure and Functioning of State Governments                                         |
| 7   | [238]                 | Related to Part-B States +(Repealed in 1956)                                         |
| 8   | [239-242]            | Matters relating to Union Territories                                                |
| 9   | [243, 243(A)-243(O)] | Panchayat Raj System, Local Bodies                                                   |
| 9A  | [243(P-Z), ZA-ZG]    | Matters related to Urban and Municipal Bodies                                       |
| 10  | [244, 244-A]         | Administrative Mechanisms of Tribal Areas                                              |
| 11  | [245-263]            | Legislative and Administrative Relations between the Center and the States             |
| 12  | [264-300A]           | Property, Financial Matters, Agreements, and Disputes                                  |
| 13  | [301 - 307]             | Laws related to trade and commerce.                                                    |
| 14    | [308 - 323]            | Union public service commissions and State public service commissions                |
|14A    |[323A,323B]            | Central Administrative Tribunal and state adminstrative tribunals                |
| 15  | [324-329A]           | Election Mechanism, System Establishment                                               |
| 16  | [330-342]            | Special Opportunities for Special Groups                                               |

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| 17  | (343-351)            | Matters related to language (National, Regional)                                       |
| 18  | (352-360)            | Matters related to Emergency Situations                                                |
| 19  | (361-367)            | Miscellaneous Matters (Special facilities provided to the President and Governors) |
| 20  | (368)                | Matters related to the Amendment of the Indian Constitution                            |
| 21  | (369-392)            | Temporary Applications                                                                |
| 22  | (393-395)            | Repeals, Translation of the Indian Constitution into Hindi, and other matters.       |

Schedules

| I   | States, Union Territories, their names, and territories in India (Changes are made to this schedule when states are reorganized) |
|-----|-----------------------------------------------------------------------------------------------------------------------------------|
| II   | Salaries and allowances of those in high positions in the country, namely the President, Vice President, Speaker, Supreme Court and High Court judges, Comptroller and Auditor General, etc. (Parliament decides salaries and allowances) |
| III  | Oaths of those in high positions (also mentions the oaths of those contesting for Parliament and Legislative Assembly)         |
| IV  | Representation of various states in the Rajya Sabha and representation of Union Territories (This schedule is to be amended for the formation of new states) |
| V   | Special measures to be taken for the administration of Scheduled Castes and Scheduled Tribes and for the administration of areas. |

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| VI  | Special arrangements for the development of Scheduled Castes and Scheduled Tribes in Assam, Tripura, Meghalaya, and Mizoram
"Tribal development Councils". 2 (The establishment of a special development council for the Gorkha district in West Bengal is to be included in this schedule.) |
| VII | List of distribution of powers between the Central and State Governments                                                           |
|     |                                                                                                                                      |
|     | 1. Union List                                                                                                                  |97        |99    |
|-----|-----------------------------------------------------------------------------------------------------------------------------------|
|        |2. State List                                                                            |66        |61  |
|        |3. Concurrent List                                                                            |47        |52    |
| VIII | Languages recognized by the Constitution.                                                                                           |
|     | * Languages recognized at the time of the implementation of the Constitution (1950) '14'                                       |
|     | They are: Assamese, Bengali, Oriya, Telugu, Tamil, Kannada, Malayalam, Marathi, Gujarati, Punjabi (Gurmukhi), Kashmiri, Urdu, Hindi, Sanskrit. |
|     | * 1967- 21st Amendment - Sindhi (15th)                                                                                              |
|     | * ) The language recognized by the Constitution is "Sindhi".                                                                           |
|     | * Sindhi is spoken by the people of Punjab, Haryana, Delhi, and Kashmir.                                                       |
|     | * 1992-71st Amendment - Konkani (Goa), Manipuri (Manipur) Nepali (A.P., Darjeeling District)                                        |
|     | * 2003 -92nd Amendment - Dogri (J&K), Santhali (Jharkhand), Maithili (Bihar), Bodo (Assam):                                    |
|     | These were added to this schedule.                                                                                             |
|     | (Currently, the number of languages recognized by the Constitution) '22')                                                          |
| IX  | This schedule was added by the First Constitutional Amendment in 1951. Land Reforms Acts are                                   |
|     | excluded from the purview of judicial review,                                                                               |

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* The number of items in this is '284' because land reform laws related to all the states in the country are included in it.
* Through the 76th Constitutional Amendment, the Tamil Nadu reservations
The matter of increasing the percentage to 69% was also included in it.
* In 2007, the Supreme Court, referring to the inclusion of Tamil Nadu reservations in it, stated that
It is noteworthy that it will subject the matters included in this schedule after 1973 to judicial review.
said it is noteworthy.

Anti-Defection Law
* This schedule was added to the Constitution through the 52nd Constitutional Amendment during Rajiv Gandhi's time in 1985.
* Political parties in the country are not constitutional, meaning
they are formed only through legal recognition by the Election Commission.
* The word 'political party' appears only in this schedule in the entire Indian Constitution.
* This Act was introduced to prevent elected representatives from changing parties after winning on one party's ticket.
* Elected representatives on a party ticket lose their representation when they change parties.
Circumstances in which anti-defection applies:
~MLA or MP resigns from party membership,
~ Joins other parties;
- If he defies the party's command (whip), his membership will be revoked.
- If nominated members join any party after 6 months, they lose their representation,
- If independent candidates join other parties;
- If persons expelled from one party join other parties, they lose their representation.

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Circumstances in which anti-defection does not apply:
(43)
- When elected representatives are expelled by political parties
- When 2/3rds or more elected representatives of a party
- Merge into party;
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If there is a split in a political party
% or more
If other members merge with other parties; Even if some
Even if the remaining members in the organization remain, whatever their number
This law does not apply to them.
- When nominated members join any party within 6 months".
*In 1997, 2003 through 91st amendment
Previously, if 1/3rd of the members split,
This law was not applicable. Changing it,
Only when 2/3rd of the members merge with other parties
The amendment was made to make this law inapplicable only.
XI In 1992, during P.V. Narasimha Rao's time, through the 73rd
Constitutional Amendment, this was added.
* Panchayat Raj institutions were given constitutional status
were given.
* Transfer of powers to Panchayat Raj institutions on 29 administrative matters.
was done.
XII In 1992, during P.V. Narasimha Rao's time, through the 74th
Constitutional Amendment, this was added to the Constitution,
* Urban and municipal bodies are constitutionally recognized,
were given.
* Transfer of powers on 18 items to these institutions.

* * The judiciary will exercise judicial review only on matters affecting the federal system of India.

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** The Indian President can, once in every 10 years, on the implementation of Schedules I and VI
A special commission can be formed.

Preamble of the Constitution

> The concept of 'Preamble of the Constitution' was taken from America.
On December 13, 1946, Nehru introduced the Objectives Resolution in the Constituent Assembly,
was introduced.
> On January 22, 1947, the Constituent Assembly adopted it.
Nehru described the Objectives Resolution as "the solemn pledge made by us, the Constituent Assembly, to the people of India."
described it as.
K.M. Munshi described it as the "horoscope of the Indian nation".
Nehru's resolution was used to formulate the Preamble of the Constitution.
→ Opinions on the Preamble of the Constitution:
* "The essence of the Indian Constitution" - Mashelkar
* "The Preamble is the soul of the Indian Constitution" - Thakurdas Bhargava
* "The Preamble of the Indian Constitution is the realization of the long-cherished dreams of the Indian people" - Alladi Krishnaswamy Iyer
"The main source of the Indian Constitution is the Preamble of the Constitution" - Ernest Barker
The Preamble is also known as the introduction, preface, beginning, avatarika, or preamble.
"

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Elements in the Preamble;
Sovereign
-Socialist
Secular
- Democratic, Republic
- Justice,
- Freedom,
- Equality,
Fraternity,
Unity and Integrity

In 1976, through the 42nd Constitutional Amendment, during Indira Gandhi's time, the Preamble was
amended to include the words "Socialist", "Secular", and "Integrity".
Sovereign:
Sovereign state means a state with supreme power.
On August 15, 1947, with India gaining independence from Britain,
it became a sovereign state.
> In its internal and external (foreign) affairs, India
Without interference from other countries, independently taking its own decisions
The power to do so is called a sovereign state.
India's nuclear tests in Pokhran and the rocket technology agreement with Russia
Despite the warnings of superpowers like America, India was able to take its own decisions.
> Some argued that India joining the Commonwealth would affect its sovereignty.
Nehru said that India's joining the Commonwealth was its (the country's) voluntary
decision, and at any time, from the Commonwealth

==Page 30 (of the new set; Image 10 of this set)==

It has the power to withdraw, so this is not an obstacle to the sovereignty of the country.
Socialism:
Our country follows democratic socialism. This is mixed socialism.
Socialism means achieving equality or establishing an egalitarian society.
'Karl Marx's theory of socialism, not 'Fabianism' belonging to Britain':0
Based on this, our country's socialisms were formulated.
Democratically, that is, peacefully, through a centralized planning system
Efforts are made to change society.
Taking basic needs as a basis and providing them to the common people
Reducing inequalities between the poor and the rich are the main features of our country's socialism.
In the case of D.S. Nakara Vs Union of India, the Supreme Court stated that 'Socialism'
The word need not be removed from the Constitution, stating that Karl Marx,
and as this element formed by the combination of Mahatma Gandhi's ideologies will continue in our country.
It ruled that this word would continue in the Constitution as long as it reduced the inequalities in our country.
Common clause Vs Union of India case
As a result of liberalization, it is not necessary to remove the word socialism from the Preamble of the Constitution, because, reforms (economic) will result in
This word is in the Preamble of the Constitution until it is provided to the common people
gave a verdict.
Secular (Secular):
The state does not have an official religion.
The government and administration will not have religious importance.
The state will have an equal outlook on all religions.
Freedom of religion is given to individuals.

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- According to the British Encyclopedia, Secular means 'worldly outlook.
- Although secularism is one of the basic features of the Constitution, 'secular'
The word was not included in the Constitution in 1950.
28
~~~~ In 1976, through the 42nd Amendment, during Indira Gandhi's time, the word 'secular' was added to the
Preamble.
In 1994, in the S.R. Bommai case, the Supreme Court ruled that secularism is an integral part of the basic structure of our Constitution.
gave a verdict.
Democracy:
*Modern Democracy. Lord Bryce (Author)
India is known as the largest democracy in the world.
The word 'Democracy' is derived from the Greek words 'Demos (people)",
"Kratos (rule (or) power)".
→ "Democracy is a government in which everyone has a share."
-Seeley
→ Article 326 of the Constitution provides for universal adult franchise
was provided.
→ From 1952 to 2009, 15 general elections were held in our country.
With 71.4 crore voters, it is the largest democracy in the world.
Republic:
→ The Head of State of India is elected by the "Electoral College".
Therefore, ours is - a republic.
→ The system in which the Head of State does not come to power through hereditary succession, but directly or indirectly
is elected is called a "Republic".
> Stephen Leacock - "Republic is the opposite of monarchy"
→ India has adopted the republican system from France.

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Justice:
Social, economic, and political justice to all people
The goal of the Indian Constitution.
* The Constitution makers took this element from the Russian Revolution and the Russian Constitution.
* To achieve political justice, voting rights, contesting rights, and positions
holding, representation and criticism are given equal political rights to all people
provided.
To achieve social justice, mainly two measures were taken.
* Abolition of untouchability to eliminate social discrimination,
Prohibition of bonded labor, forced labor, human trafficking, child labor
laws were enacted.
* Special opportunities were provided in education and employment for the advancement of socially backward classes.
were provided.
For economic justice, welfare measures for producers and consumers, and poverty
Schemes were introduced to eliminate unemployment.
Freedom:
Thoughts, beliefs, faith, and worship, all people are given freedom
are provided.
'* Through the fundamental rights, the right to freedom and the right to freedom of religion
give people freedom.
* Because India is a democratic country, people are given freedom of speech and expression.
were given.
* The slogans of freedom, equality, and fraternity given during the French Revolution in 1789
were included in the Preamble of the Constitution.
Equality:
Laws should provide equality to all people in status and opportunities.
Based on the element of 'rule of law' in force in Britain
This matter was included in the Indian Constitution.

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→ The law should provide equality without showing any discrimination against any person.
Fraternity:
Fraternity means "brotherhood".
→ Dr. B.R. Ambedkar suggested to include this word in the Preamble of the Constitution.
This element, which proclaims the dignity of the individual, is essential for achieving unity in a diverse country like ours.
essential element.
Unity and Integrity:
→ The word 'unity' intended to promote unity among the Indian people.
"It is an element intended to create harmony in social life".
→ The word 'integrity' added by the 42nd Constitutional Amendment in 1976
indicates the geographical integrity of India. That is, geographically
No region from our country has the power to secede.
* * * Prof. J. R. Shivak said that the Preamble of the Constitution can be observed from 4 points of view.
I. We, the people of India → Source of political power in the country
II. Sovereign, Socialist,
Secular, Democratic,
Republic; → The nature of the government' in the country.
About it
informs.
III. Justice, Freedom, Equality, → The goals to be achieved by our country,
Fraternity, Unity and
Integrity; ..
IV. Date of adoption of the Constitution
: 26-11-1949
}
It informs about the aspirations.
It states when the constitution was adopted.

==Page 34 (of the new set; Image 14 of this set)==

Is the Preamble a part of the Indian Constitution? Or not?

Is the Preamble of the Constitution a part of the Indian Constitution or not?
-Mahavir Tyagi (Member of the Constituent Assembly)
Former Chief Justice of the Supreme Court Justice P.B. Gajendragadkar also
said that the Preamble is not a part of the Constitution.
In 1960, in the Beru-Bari case, the Supreme Court ruled that the Preamble is not a part of the Indian Constitution,
It is not a source of power, it gave a verdict.
In 1973, in the Kesavananda Bharati case, the Supreme Court ruled that the Preamble is a part of the Indian
Constitution.
* Overruling the verdict given in the Beru-Bari case, the Supreme Court
In the Kesavananda Bharati case, it stated that the source of power in our country
It also ruled that it could be derived from the Preamble.
In 1980, in the Minerva Mills case, the Supreme Court stated that whenever the Indian Constitution faces any problems
the judiciary should refer to the Preamble and give its verdict, because the thoughts and aspirations of the Constitution makers
are hidden in the Preamble.
> LIC of India also ruled that the Preamble is an integral part of the Indian Constitution.
gave a verdict.
In 1994, in the S.R. Bommai case, the Supreme Court ruled that the Preamble is an integral part of the basic structure of our Constitution.
gave a verdict.
"The Preamble of the Constitution, though comparable to the American Declaration of Independence and the Rights, is
superior to it, because it contains the goals and aspirations of our Constitution
are embedded in it - Justice Hidayatullah.
"Even if no words are physically included in the Preamble of the Constitution, our
constitutional spirit is hidden in the Preamble" - Justice S.M. Sikri.
"The Preamble of the Constitution is an ornament, a necklace to the Indian Constitution
It is like a yardstick" - Thakur Das Bhargava

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> The Preamble is the compass of the Constitution.
The Preamble can be considered as the philosophical basis of the Indian Constitution.
Rigid and Flexible Combination of the Constitution:
30
→ Based on the methods followed to amend the Constitution, it is classified as rigid and
flexible constitutions.
→ Amending the Constitution with a special majority of the Parliament in a special way
or if it is difficult to amend, it is called a 'rigid constitution'.
can be mentioned. America
* In America, to amend the Constitution, the Congress
must pass with a majority
Along with the approval, the approval of 3/4th of the states in that country is required.
→ If the Constitution can be amended like an ordinary law with a simple majority of the Parliament
If there is a system, it is called a 'flexible constitution'.
Ex: In Britain, the Parliament can amend any law in that country with a simple majority.
can amend.
The Indian Constitution can be said to be a combination of rigid and flexible features.
Gopalaswamy Ayyangar, some members in the Constituent Assembly
wanted the Constitution to be made a rigid Constitution.
1) Nehru led the group that wanted our Constitution to be flexible.
took leadership.
→ Article 368 in Part 20 of the Indian Constitution explains the procedure for amending the Indian Constitution.
is explaining.
- According to Article 368, the Indian Parliament amends our Constitution in
3 ways.
* First Method: This method can be called as a unilateral ordinary majority method.
In this method, the Parliament amends the Constitution in ==Page 36 (of the new set; Image 16 of this set)==

can amend the matters with an ordinary majority.
Amended Items,

- Matters related to the reorganization of states in the first part: -
- According to Article 3, the formation of new states, change of names, etc.
- Changes and additions to the salaries and allowances of those in high positions in the 2nd Schedule.
- According to the 3rd Schedule - changes and additions in the oaths of those in high positions.

- Matters related to the administration of Scheduled Castes and Scheduled Tribes in Schedules 5 and 6.
- Matters related to citizenship mentioned in Part 2.
- Reorganization of constituencies of Lok Sabha and State Legislative Assemblies,
- Amendments made by the Parliament according to the recommendations of the Delimitation
Commission in providing reservations for SCs and STs
- Article 100 Changes in Quorum
- Article 102: Determining the qualifications and disqualifications of Members of Parliament
- Article 105 Parliamentary Privileges of Members.
- 106 Article; Salaries of MPs.
- Article 120, the language used in Parliament.

- 169 Article, Establishment/Abolition of Legislative Councils in the States
- Special Opportunities Provided to Special Groups in Part 16
- Article 17; Matters related to language:

* Most of the matters in the Indian Constitution are amended by this method. Meaning it
This method indicates the flexible nature of our Constitution.

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Second Method:
This is called the unilateral special majority method.
> In this method, the Parliament amends some matters in our Constitution with a 2/3 majority
special majority.
7 This method reflects the rigid nature of our Constitution.
Items to be Amended:-
- Part 3; Fundamental rights,
- Part 4; Directive Principles.
- 4(A) part; Fundamental Duties,
- 15th part; Changing the Election Commission into a multi-member commission.
- Changes in the Presidential Orders relating to Jammu and Kashmir.
The matters that are not mentioned in the first and third methods are
amended by this method.
Third Method:
This is a bilateral special majority method:
-To amend the Constitution in this way, the Parliament must pass a resolution with a 2/3 special majority.
Along with the resolution, the approval of 1/2 of the states in the country is also required.
This feature demonstrates the definite rigid nature of our Constitution.
→ This method is used to make changes in the federal features of our Constitution.
changes are made.
* When amending the Constitution in this method, the matter of obtaining the approval of the states is taken from America.
was taken.
Items to be Amended:--
- 4th Schedule; Changes in the number of Rajya Sabha members.
- 7th Schedule; Changes in the distribution of powers between the Central and State Governments.
- 11, 12th Schedules, Matters related to the transfer of powers to local self-governing bodies.
- Articles 54 and 55; Changes in the 'Electoral College' that elects the President of India and the
Changes in the method of election,

 

 ==Page 38 (of the new set; Image 18 of this set)==

- Article 73; Changes in the scope of power of the Central Government.
- Article 162; Changes in the scope of power of the State Government.
- Part 11, Changes in the legislative and administrative relations between the Center and the State Governments.

- Article 131, Changes in the original powers of the Supreme Court.

Other Matters,

* Constitutional amendment bills can be introduced in either house of Parliament.
* Prior permission of the President is not required to introduce amendment bills in Parliament.
* If there are disagreements between the Rajya Sabha and the Lok Sabha regarding amendment bills... those bills will lapse.
The 64th Constitutional Amendment Bill was defeated in 1989.
→ In case of disagreements, there is no provision for a joint sitting of both houses.
* After the Parliament passes the amendment bills, the President cannot reject them. He must approve them.
* The Constitution does not specify a time limit within which the President must give his assent to amendment bills.
* Under the 3rd method, when amending the Constitution, along with the approval of the Parliament,
the approval of the states is also required. The approval of the states means the approval of the state legislatures. State Legislatures: should approve "with ordinary majority".
* The Constitution does not specify a time limit for the state legislatures to give their approval.
* Amendment bills must first be introduced in Parliament. That is, first
There is no provision to introduce them in the State Legislative Assemblies.
*Unlike the American Constitution, the Indian Constitution does not require state
initiation for an amendment.

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* If the state legislatures first approve and then reject the bills passed by the Parliament, (55)
or if they first reject and then approve, only the approval will be taken into consideration.
- So far, 94 amendments have been made to the Indian Constitution, and the 95th Amendment Bill was recently
introduced.

Supremacy of the Constitution:

→ In our country, the Central and State Governments derive their powers from the Constitution.
are derived.
- The Central and State Governments should exercise their powers within the limits of the Constitution.
→ When the Central and State Governments exceed the limits of the Constitution, the Supreme Court
reviews the Constitution and gives its verdict. The Supreme Court also exercises its powers
within the limits of the Constitution.
- In our country, individuals, organizations, governments, and judiciaries have to behave
within the limits of the Constitution, so in our country, there is supremacy of the Constitution.
- Although the Parliament has the power to amend the Indian Constitution, the Parliament
has to be bound by the Constitution, even the amended Constitution.
The Parliament does not have the power to amend the basic structure of the Constitution.
While the supremacy of the judiciary currently continues in America, in Britain
Parliament has supremacy. But in our country, only the Constitution has supremacy.

Parliamentary Form of Government:

In India, at the Center and in the States, the "Parliamentary Form of Government" is being followed.
The government formed by the Parliament (Legislative Branch) is collectively responsible to the legislature
This is called the "Parliamentary System of Government".
Garner opined.
Although some members of the Constituent Assembly wanted to adopt the Presidential system,
They resolved in favor of the Parliamentary system.
Prof. K. T. Shah and others favored the Presidential Form of Government

==Page 40 (of the new set; Image 20 of this set)==

The birthplace of the parliamentary system is Britain.
→ The British Parliament is called the 'Mother of Parliaments'.
→ The form of government introduced by the British in our country through the Acts of 1919 and 1935
led to the parliamentary system.
The parliamentary government, which works on collective responsibility and represents all sections,
is suitable for the diversity in our country.

Universal Adult Franchise:

Because India is a democratic country, universal adult franchise has been provided.
Article 325; No person shall be denied the right to vote on grounds of caste, religion, class, gender, race, region, or sex.
provided.
Article 326 provides for universal adult franchise.
→ 15 general elections were held in our country from 1952 to 2009.
With 71.4 crore voters, it is the largest democracy in the world.

Independent and Impartial Judiciary:

The judiciary in India functions independently.
Article 50, separation of the judiciary from the executive.
The concept of independent judiciary was taken from America.
The Indian judiciary has to protect the supremacy of the Constitution (fundamental rights) and the federal system.
Therefore, independent status has been provided.

Judicial Review:

> The concept of 'judicial review' was taken from America.
→ In the Marbury v. Madison dispute in 1803, the verdict given by the American Supreme Court became a role model
for all countries regarding judicial review.
The judiciary has the power to review the laws made by the Indian legislature and the administrative actions of the
government to see if they are in accordance with the Indian Constitution.
This power is called 'Judicial Review'.

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