Indian module of constitutionalism sfrom quasi-fedral, fedral to quasi confederal (notes)

The Constitutional Genelogy

In terms of models of constitution contemporary comparitive constitionalism, India belongs to tha genelogy of parliamentary- federal political system, the first examples of which go back to canada(1867) and Australia(1901). These constitutional experiments that combined the classical british parliamentary system and the classical american federal system sort to formulate a freamework of government for a country that value the pricipal of unitary government by way of parliament supermacy at the sametime wished to fedrally accomodate a wide range of culturak and regional diversities. There are two models of republican constitutionalism, EVOLUTIONARY and REVOLUTIONARY. The westminster and the while british commonwealth - Canada, Australia, and new zealand- belong to the EVOLUTIONARY and united states, switzerland and france belongs to REVOLUTIONARY. India does not exactly fit into either the evolutionary or revolutionary form of the constitutionalism. even though the transfer of power in India was legal tender, the constitution of India makes and affirmation of popular sovereignityin its preamble. Thus, the indian model of constituionalism is mixed in the sense of the continuity of tranferred constitutional and legal authority as well as invocation of popular sovereignity.

The Indian Constitutional Theory

The three constituent structures of the indian political system are the STATE, MARKET , and the CIVIL SOCIETY. each domain is mutually demarcated and endowed with a certain degree of autonomy , mutually interactional and interdependent. the interrelationships between the state market and civil society are intermediate by three crucial infrastructures of the interest group system, party system, election, and the media of mass communication.
The idealtype notions of state, market and civil society as well as infrastucural linkage mechanisms of interest groups, political parties, and media.

the state is the expression of the soverignity of the people and its democratically constituted though the process of elections. in the arena of party politics and mass media, ideas, interests

and identities compete with each other for wider acceptance by the sovereignty. The economic Market of captalism is premised on the notion of consumers sovereignty in the same way political market of democracy is based on votes sovereignty and freedom to form associations and propagate competing interests and policies. the media is an open market for competition of ideas and free flow of information. political parties and the media are the most vital links between State and civil society. political parties and media are considered parts of civil society. elections determine which group wil form the govt. and thus use the power of state for regulating the civil society and market.