1. Historical Background of Indian Constitution
Indian Constitution - Introduction:
The most prominent among social sciences: Politics
Note:
1) Queen of Social Sciences: Economics
2) King of Sciences: Mathematics
3) King of all Sciences: Physics
Origin of Political Science:
The person who first used the word 'Politics' in the world: Aristotle.
Aristotle's famous book: Politics
Note: Other books written by Aristotle:
1) De Anima
2) De Partibus Animalium
3) Historia Animalium
4) Athenian Constitution
The word 'Politics' is derived from the 'Latin' words 'Polis' and 'Politicus'.
Aristotle
Book - Politics
The first person to study politics in a scientific way.
1) Father of Biology
2) Father of Zoology
3) Father of Ichthyology (study of fish)
4) Father of Malacology (study of mollusks)
5) Father of Political Science (Politics)
6) Founder of Taxonomy
7) Founder of Embryology
8) Described man as a social animal.
9) Ancient Father of political Science.
10) Historical Father of political Science
Aristotle is the person who studied the constitutions of about 158 countries in the world.
Note:
Aristotle's teacher: Plato
Plato's teacher: Socrates
Alexander's teacher: Aristotle
Plato's famous book - Republic
"Good citizens are the factors to create the best society" - Aristotle
"Rule of law is best" - Aristotle
Aristotle was the first to systematically study political science in the world.
"The rule of philosophers is the best" - Plato (Father of Political Philosophy)
Considered as the father of the Indian Constitution - Dr. B.R. Ambedkar.
Dr. B.R. Ambedkar is called "Modern Manu".
Prominent architect of the Indian Constitution - Dr. B.R. Ambedkar.
The main feature of modern democratic governments - Constitutional Rule.
Every modern state has a basic charter that indicates its political process. This is called the Constitution.
Indian Polity 3
The English word Constitution is derived from the French word Constitution.
Constitution means 'to establish'.
The Constitution determines the functions of the legislative, executive, and judicial branches of government.
The Constitution can be described as the basic, fundamental and supreme law in the country.
Greece is the foundation of constitutionalism in the world.
A constitution that is formulated in written form is called a Written Constitution.
Example: America, India, Japan and other constitutions.
The word Political Science was first used by Raymond Aron
Modern Father of Political Science - Machiavelli
A constitution that is not in written form but is governed by historical traditions and laws made by Parliament is called an Unwritten Constitution.
Example: England, France
The country with the highest supremacy of the judiciary - America
The country that formulated the constitution with the most rigid nature - America.
Father of the American Constitution - James Madison
Origin of the concept of the Preamble to the Constitution - America.
The first country in the world to include rights in the Constitution - America.
The country that formulated the Constitution in the shortest time - America (three and a half to four months).
Time taken to formulate the Indian Constitution - 2 years 11 months 18 days.
The country that took the longest time to formulate the constitution - Australia (9 years).
Political Science - Traditional Definitions of the Prominent
| Definition | Author |
|---|---|
| 1. 'Political science begins and ends with the state' | J.W. Garner |
| 2. 'Political science is the political and ethical discussion of what the state was in the past, how it is now, and how it should be in the future.' | R.G. Gettell |
| 3. 'Political science is the study of the conditions necessary for the survival and development of the state' | Appadorai |
| 4. 'Political science is the study of government' | Stephen Leacock |
| 5. 'Political science is the study of the phenomenon of government' | John Richard Seeley |
| 6. 'Political science is a branch of social science that deals with the foundations of the state and the principles of government' | Paul Janet |
| 7. 'Political science is the study of the state and the principles of government' | Dimock & R.N. Gilchrist |
| 8. 'Political science is the study of governments and the political activities of individuals' | Prof. Catlin |
Political Science - Modern Definitions of Prominent
| Definition | Author |
|---|---|
| 1. 'Political science, as an empirical science, studies the shaping and sharing of power' | Lasswell, Kaplan |
| 2. 'Political science is primarily concerned with power in society' | William A. Robson |
| 3. 'Political science studies the authoritative allocation of values (goods) for society' | David Easton |
| 4. 'Political science is the study of who gets what, when, how, and why' | Hillman |
Indian Polity 4
Note:
1) The first modern constitution - England's Constitution (Unwritten Constitution)
2) The only unwritten constitution in the world - England
3) The first written constitution in modern times - American Constitution (Rigid Constitution) and the smallest constitution in the world
4) The largest written constitution in the world - Indian Constitution (Rigid and Flexible Constitution)
5) The constitution that gave the world the three words 'Liberty, Equality, Fraternity' - French Constitution.
6) The constitution that was repealed the most times (12) in the world - French Constitution.
7) The first constitution in Asia - Japanese Constitution (1889).
Definitions
1. A written document that explains the structure of the government, the relationships between the branches of government, the goals of the government, and the aspirations is called the 'Constitution'. - Herman Finer
2. 'A written document that explains the form of government is the Constitution' - Prof. Leacock
3. 'A basic element or law that explains the way of life of the people of a country (state) is the Constitution' - Aristotle
4. 'A set of rules that determines the forms of government systems, distributes power among the organs of government, and determines how those powers are to be used is the Constitution' - Gilchrist
5. 'A set of rules that explains the form of government and how it works is the Constitution' - Lord Bryce
6. 'A set of rules that describes the structure of the basic political institutions of a country is the Constitution' - Herman Finer
7. 'A written document that explains the nature of the form of government is the Constitution' - Leacock
8. 'The set of rules formulated and implemented in the administration of justice by the state is the law' - Salmond
9. 'A set of principles that defines the rights of the people, the powers of the government, and regulates their relationship and coordination is the Constitution' - Woolsey
Types of constitutions based on the nature of the constitutions and the method of amendment:
1) Unwritten Constitution: Governance is carried out based on customs, traditions, ordinary laws, etc. Example: Israel, Britain.
2) Written Constitution: Constitutions that contain provisions regarding the structure of the government, how it works, and the method of amendment in written form. Example: India, France, America.
3) Rigid Constitution: A constitution that is difficult to amend, not like ordinary laws, but with a special majority and a special procedure. Example: America
4) Flexible Constitution: A constitution that is easy to amend, like ordinary laws, with a simple majority of the Parliament. Example: Britain
5) Rigid-Flexible Constitution: Some provisions of the Constitution can be amended like ordinary laws of Parliament, while some provisions require a special procedure of Parliament to be amended. Example: India.
Indian Polity
Evolution of the Indian Constitution in Different Stages:
The company that obtained permission from Queen Elizabeth of England on December 31, 1600 to conduct trade - British East India Company.
EIC signed on the first charter in 1601.
In 1608, William Hawkins, a representative of the British East India Company, obtained permission from the Mughal emperor Jahangir to conduct trade in the Surat region.
In 1612 A.D., the British established their first full-fledged trading post in Surat with the permission of the Mughal emperor Jahangir.
The area purchased by the British East India Company from Venkata Pathi Rayalu III in 1639 - Madras.
Note: The first fort built by the British in India - Fort St. George (in Madras 1639-41).
Madras became a municipality in the year 1687.
Founder of Madras City - Francis Day.
In 1668, the British East India Company acquired the area from the Portuguese through matrimonial alliances - Bombay.
Note:
1) Founder of Bombay City - Gerald Aungier.
2) Fort built by the British in Bombay - Sion Hillock Fort.
The Mughal emperor who issued the Golden Farmana (Golden Act) to the British East India Company in 1717 - Farrukhsiyar.
The war that paved the way for the establishment of British rule in India - Battle of Plassey (June 23, 1757).
Governor of Bengal during the Battle of Plassey - William Drake
The war that paved the way for the development of British rule in India - Battle of Buxar (October 22, 1764).
Governor of Bengal during the Battle of Buxar - Vansittart
The year in which the British East India Company acquired Diwani rights over Bengal - 1765. (Treaty of Allahabad)
British Army Commander in the Battle of Buxar - Hector Munro.
"The time of establishment of EIC, the emperor of India" - "Jalaluddin Muhammad Akbar"
The Battle of Buxar ended in 1765 with the Treaty of Allahabad.
Through the Treaty of Allahabad, the British acquired Diwani rights. Diwani means "collection of land revenue".
Diwani means acquiring rights over revenue and judicial affairs in Bengal, Bihar, and Orissa.
Introduced dual rule in Bengal - Robert Clive.
The person who laid the foundation for British rule in India - Robert Clive.
Warren Hastings introduced the collector system in the country in 1772.
After the Sepoy Mutiny of 1857, the British government took over the administration of India and ruled uninterruptedly for about 200 years until we got independence on August 15, 1947.
The laws made by the British can be divided into two types.
1. From 1773 to 1858, the East India Company ruled the country. This is called Company rule.
2. From 1858 to 1947 is called the rule of the Emperor/Empress.
Laws made before 1858 are called 'Charter Acts', and laws made after 1858 are called Council Acts and 'Indian Government Acts'.
The East India Company was formed on 31st December 1600.
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The first company of the British in India - East India Company. This was a private company.
From 1600 to 1773, this company took control of important areas of India such as Bombay, Madras, and Bengal.
However, this company gained a monopoly in India and was on the verge of shaking the foundations of British rule.
Due to the above reasons, British people, moneylenders, and opponents of the company put pressure on the British government to have control over the company.
To examine the functioning of the East India Company, the British government formed a secret committee (1772) under the chairmanship of General Burgoyne.
Based on the resolution of the secret committee, the Regulating Act of 1773 was made to control the East India Company.
The committee that led to the Regulating Act - "General Burgoyne"
1773 Regulating Act - Highlights:
This Act is the first Act in the making of the Indian Constitution.
The Act that laid the foundation for centralized rule in India.
Lord North was the British Prime Minister when this Act was made.
The name of the Governor of Bengal was changed to Governor-General of Bengal.
The first written constitution of India.
Note: The first Governor-General of Bengal – Warren Hastings
Warren Hastings started the Collector system in 1772.
The Governor-General's Executive Council was formed with 4 members.
According to this Act, the Supreme Court was established in 1774 at Fort William in Calcutta.
Note: Chief Justice: Elijah Impey. Other Judges: i) Lemaistre ii) Hyde iii) Robert Chambers
Note: 1774 Supreme Court established in Calcutta (1) (AP SI - 2018)
1) Sir Elijah Impey 2) John Hyde
3) Robert Chambers 4) H.J. Kania
However, if the candidates felt that justice was not served in the judgment given by the Supreme Court, they could appeal to the Privy Council in London.
This Act allowed the Company to trade in India for 20 years.
A Court of Directors was established to report on the company's revenue, civil, and military affairs in India.
Flaws in this Act:
The jurisdiction between the Supreme Court and the Governor-General's Council was not clearly defined.
The Company continued to have political power along with commercial and trade powers.
Calcutta, Mayor's Court was established by - Robert Clive
Calcutta, Mayor's Court was abolished by - Warren Hastings (1772)
The Governor-General had only the deciding vote.
Decisions had to be taken according to the majority of the Executive Council.
Control over the Governors of Bombay and Madras increased.
1781 - Expansion Act: For the first time, the British government used the term 'British possessions' in our country in this Act. This Act is also called the First Settlement Act. (The First Settlement ACT) - 1981
1784 Pitt's India Act:
The then British Prime Minister - Pitt the Younger
The British Parliament made Pitt's India Act in 1784 to correct the flaws in the Regulating Act.
The then British Prime Minister William Pitt introduced this Act, hence it is called Pitt's India Act.
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