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A State is defined in international law as an independent political entity occupying a defined territory
the members of which are united together for the purpose of resisting external force and
preservation of internal orders.Y
ESSENTIALS:
4.Y 4. For the purpose of resisting external force and preservation of internal order
V VV
1. Population
2. Territory
3. Government
4. Sovereignty
LASSIEZ FAIRE theory based on the notion that
. Do not intervene
unnecessary. Basically it is a concept from trade and economics, it propounds that state should not
intervene in the market place. State can impose taxes and levy it but can not dictate what and how
to trade. State͛s domain is only to preserve law and order and protect the state from external
aggression.
THUS,
Y Lassiez faire theory emphasized on individual liberties and interests. It discouraged state͛s
tendency to intervene in individual affairs.
Y But the consequences of Lassiez faire theory were very harming. It created a rift between
haves and haves not.
VV
But in 20th century, to eradicate the rift created as aforesaid, a new theory was propounded by our
social scientist:
.
Welfare State is a state which seeks to promote the prosperity and wellbeing of the people in
general.
The theory states that the state can ameliorate the grievance of masses by curtailing individual
liberties.
THUS,
Y Where lassiez faire theory emphasized over liberalism, Welfare State over
egalitarianism[SAMTAMULAK SAMAJ].
Y Where lassiez faire theory emphasized over private liberties and interests, Welfare State
over public interests.
All the people in a state can not combine and operate all together all the time to achieve the desire
goals thus fundamental organs are necessary and for conducting the behavior of these organs a legal
regime is also required.
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Constitutional law is a predictable body of norms and rules[a legal regime] from which the
governmental organs must draw their powers and functions.
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Y their relationship with the people more particularly the political relationship.
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We the Indians are fortunate because our country has both the constitution and constitutionalism.
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*existence of co-ordinate authorities independent to each other.
Y According to Ambedkar, in a federalist structure, Õ
Y Federalism
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6)Y &V,V.{&(p.: To resolve the confliction among the governments and to check
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7)Y 4(V.:A natural corollary, required to protect the sanctity of the Constitution, difficult to
amend, a permanent document.
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Y We can say without any hesitation that we don͛t have unitary system but how much pure
federal? It is a question of debate.
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Y Mixture of federal and unitary elements, leaning more towards the latter.;{ * <
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Two arguments come before us as to the nature of Indian Constitution are that
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With the help of following provisions of the Constitution, we can justify that Indian Constitution is
federal.
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!: union of states/ although the term ͞federal͟ not used but the term ͞union͟ connotes
the same feeling.
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#: parliament may by law admit or establish new state but can not withdraw any existing
state from the union. Strong unity and denial of withdrawal shows federalism.
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: containing 395 articles /22 parts and 12 schedules. In original constitution
there were 8 schedules.
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Independent, supreme judiciary, can resolve federal controversies. "!$+
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Provisions related to federal fabric are difficult to amend required 2/3 majority and
concurrence of half of the state legislatures. "$>@
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All State legislatures take part. "=3
Y So we can say that Indian Constitution satisfies certain essentials of federal Constitution.
Y But as aforesaid,
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because in some circumstances, central government becomes powerful that͛s why
the term Quasi federal is used for it.
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With the help of following provisions of the Constitution, we can justify that Indian Constitution is
not purely federal.
1)Y ,
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Our Constitutional history reveals that we
have started our journey from unitary constitution and evolved federalism, in this journey
some unitary tendencies are left in the system which make it quasi federal. Time and again
in various charters there were continue release of governmental powers in favour of states.
It was different from formation of American federal.
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!@=@Purely unitary.
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representatives in SLA and they were made empowered to vote and to discuss on budget. It
weakened the then unitary system.
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*9V 4" +!2!2DDiarchy was introduced. Provincial
legislatures were empowered to make law on transferred subject with the help of Indian
representatives. Weakened the Unitary structure of the polity.
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: suggested federal system.
!23>the Cabinet mission plan. List system for distribution of powers was introduced.
Residuary powers were vested with provinces
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Y In some circumstances parliament can make law upon the subject matter of state list.
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proclaimed by the executive head of the union. All powers are transferred
to the union. List system suspends. Union government can easily suspend the state government.
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95 amendments have been made in 60 years .
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Y The framers of the Constitution took a due note of the emerging trend of co-operative
federalism in the older federalism.
Y They realized that government in a federation should arrange not hierarchal nor vertically
rather horizontically.
Y They realized that in a federation, no lines of commands should run from centre to state .
There should be
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goal of becoming welfare state can be achieved.
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Y As an introduction, it is not a part of the contents but it explains the purposes and objectives
with which the document has been written.
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Preamble to the Constitution of India is not an interior monologue of soliloquy rather it is
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that we the people of India have drafted our own
Constitution and we have resolved to constitute India into Sovereign, Socialist, Secular, Democratic
Republic and to provide some securities to its citizens.
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it propounds that the ultimate source of power is WE THE PEOPLE OF INDIA. It invokes that the
constitution is not imposed on us by any external authority rather it is a handy work of we, the
Indians.
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Sovereignty is one of the foremost elements of any independent State. It means absolute
independence, i.e.,
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A country
( sovereign country. It is
free from external control. It can frame its policies. India is free to formulate its own foreign policy.
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- externally free from the control of any foreign power
and internally, it has a free government which is directly elected by the people and makes laws that
govern the people.
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means there is no discrimination on the grounds of caste, colour,
creed, sex, religion, language, etc. Each one enjoys equal status and opportunities.
>Y
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means that the government will endeavour for equal distribution
of wealth and to provide a decent standard of living for all, hence a
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of both the public and private
entrepreneurship or Mixed economy.
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This is a perfect blend of Gandhian socialism and Marxist socialism but leaning heavily
towards Gandhian socialism that is ANTYODAYA [Last must be developed first]
INSTANCES: Abolition of and 2
, the Equal Wages Act and the Child
Labour Prohibition Act, Nationalisation of banks, Disinvestmen t, MRTP or Anti Competition
policies, Suspension of Privy purse etc.
>Y India is
. India is
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"In India,
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ʹ the ͚State͛ will not support any
particular religion out of public fund.
>Y State will not discriminate against any individual or group on the basis of religion.
>Y State must treat all religions with equal respect. All citizens, irrespective of their
religious beliefs
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is imparted in
government or government-aided schools.
>Y In ""-
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and *
are the essential parts of Indian secularism.
>Y So Indian secularism is based on 4
5 (,) )-,5 not on
American
(*
>Y Democracy is generally known as government of the people, by the people and for
the people. [ABRAHEM LINCOLN].
>Y Democracy is a nature of polity on which liberty and equality have been recognised
as inviolable virtues.
>Y Effectively this means that the Government is elected by the people, it is
responsible and accountable to the people. The democratic principles are
highlighted with the provisions of universal adult franchise, elections, fundamental
rights, and responsible government.
*
>Y The people of India elect their governments at all levels (Union, State and local) by a
system of
0 G popularly known as "
*
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". Every
citizen of India, who is 18 years of age and above and not otherwise debarred by law,
is entitled to vote.
>Y Every citizen enjoys this right without any discrimination on the basis of caste,
creed, colour, sex, religion or education.
'
>Y As opposed to a *
+ in which the head of state is appointed on hereditary
basis for a lifetime or until he abdicates from the throne, a democratic '
is an
entity in which the head of state is elected, directly or indirectly, for a fixed tenure.
The
is elected by an electoral college for a term of five years. The
post of the President Of India is not hereditary. Every citizen of India is eligible to
become the President of the country.
{ Y
Y
Y
Y
>Y In a republic, political sovereignty vests in the people and the head of the state is
only the elected by the people for a fixed term.
{
>Y
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>Y Justice:
*
.
>Y All laws are not justice that͛s why SC and HCs are empowered under the Constitution
itself to make judicial review and to impart complete justice.
>Y *
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>Y
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>Y Because Democracy would indeed be hollow if it fails to generate the spirit of
brotherhood among all the sections of the people.