Features of Democracy

1. In a democracy the final decision making power must rest with those
elected by the people.
2. a democracy must be based on a free and fair election where those
currently in power have a fair chance of losing.
3. in a democracy, each adult citizen must have one vote and each vote must
have one value.
4. a democratic government rules within limits set by constitutional law and
citizens’ rights.
19th century struggles for democracy- political equality, freedom and justice.
Arguments for Democracy
1. A democratic government is a better government because it is a more
accountable form of government.
2. democracy improves the quality of decision-making.
3. Democracy provides a method to deal with differences and conflicts
4. Democracy enhances the dignity of citizens.
5. democracy is better than other forms of government because it allows us
to correct its own mistakes.

Philosophy of the Constitution

Values that inspired and guided the freedom struggle and were in turn
nurtured by it, formed the foundation for India’s democracy. These values are
embedded in the Preamble of the Indian Constitution.
The Constitution begins with a short statement of its basic values. This is
called the Preamble to the constitution.
PREAMBLE: philosophy on which the entire Constitution has been built.
Sovereign: No external Power
Socialist: Wealth >> shared equally by society
Secular: any Religion
Democratic: equal political rights
Republic: head >> elected person
Justice: GoI > Welfare of all, especially of disadvantaged groups
Liberty: Think & express their thoughts
Equality: all r equal before Law
Fraternity: no one should treat a fellow citizen as inferior

Indian Voters: poor, illiterate and underprivileged >>> rich and privileged
One out of every seven voters is a member of a political party.

Parliament
Parliament is the final authority for making laws in any country.
Parliaments control all the money that governments have.
A judge can be removed only by an impeachment motion passed separately by
two-thirds members of the two Houses of the Parliament.
Rights are reasonable claims of persons recognised by society and sanctioned
by law.
constitution clearly lays down the powers of different levels of government-
federal division of power
2 paries alliance- coalition
‘coming together’ federations- USA, Switzerland and Australia
‘holding together’ federations- India, Spain, Belgium
Federalism: Many provisions of the Indian Constitution are not applicable
to this State without the approval of the State Assembly. Indians who are not
permanent residents of this State cannot buy land or house here.
In case of any dispute about the division of powers, the High Courts and
the Supreme Court make a decision.
Federal power sharing in India needs another tier of government, below
that of the State govts.
When power is taken away from Central and State governments and
given to local government, it is called Decentralisation
1. People have better knowledge of problems in their localities.
2. They also have better ideas on where to spend money and how to
manage things more efficiently.
3. at the local level it is possible for the people to directly participate
in decision making.
Local governments did not have any powers or resources of their own.
Constitutional status for local government has helped to deepen democracy in
our country.
history shows that democracy is the best way to fight for recognition and
also to accommodate diversity.

If casteism and communalism are bad, what makes feminism a

good thing? Why don’t we oppose all those who divide the
society on any lines – caste, religion or gender?

In percentage terms, the population of the Hindus, Jains and Christians has de-
clined marginally since
1961.
The proportion of Muslim, Sikh and Buddhist population has increased slightly.
SCs >> Dalits | STs >> Adivasis | Census Does not count OBCs
Political Party= Leader+ active mem. + followers 8
national parties=
Challenges to political parties
1. lack of internal democracy within parties.
2. dynastic succession is related to the first one.
 3. growing role of money and muscle power in parties.
4. parties do not seem to offer a meaningful choice to the voters.

democracy was better because it:

1. Promotes equality among citizens
2. Enhances the dignity of the individual
3. Improves the quality of decision making
4. Provides a method to resolve conflicts
5. Allows room to correct mistakes.

Democratic government is legitimate government. It may be slow, less effi-

cient, not always very responsive or clean. But a democratic government is peo-
ple’s own government.

Democracy is a rule of the majority. The poor are in majority.

So democracy must be a rule of the poor. How can this not be
the case?
WHY DO WE NEED A CONSTITUTION?
1. Constitution allows coordination and assurance
The first function of a constitution is to provide a set of basic rules that
allow for minimal coordination amongst members of a society.
2. Specification of decision making powers
The second function of a constitution is to specify who has the power to
make decisions in a society. It decides how the government will be constituted.
3. Limitations on the powers of government
So the third function of a constitution is to set some limits on what a gov-
ernment can impose on its citizens. These limits are fundamental in the sense
that government may never trespass them.
4. Aspirations and goals of a society
The fourth function of a constitution is to enable the government to fulfil
the aspirations of a society and create conditions for a just society.
5. Fundamental identity of a people
the people as a collective entity come into being only through the basic
constitution.

list of rights mentioned and protected by the constitution is called the ‘bill of
rights’ (motilal Nehru demanded)
Right to Freedom of Religion >> Hallmark of Democracy
Our Constitution beliefs that diversity is our strength.
DPSP >> not made legally enforceable & Non-Justiciable
What do the Directive Principles contain?
“ goals and objectives >> society should adopt.
“ rights that individuals should enjoy apart from the FR
“ policies that the government should adopt.
Goals:
Welfare of the people; Social, economic and political justice;
Raising the standard of living; equitable distribution of resources;
promotion of international peace
Non-justiciable rights
Adequate livelihood
equal pay for equal work (for men and women)
Right against economic Exploitation.
Right to work;
Right of children to free and compulsory education
Policies
Uniform civil code;
Prohibition of consumption of alcoholic liquor;
Promotion of cottage industries;
Prevention of slaughter of useful cattle;
Promotion of village panchayats.
Fundamental Rights mainly protect the rights of individuals while directive
principles ensure the well-being of the entire society.
PR system >> P, VP, RS, Vidhan Parishad

+1
Constitution >> reservation >> to SCs & STs >> LS & Las >> till 2020
No reservation to disadvantaged groups
there is a legal provision that a person who has undergone imprisonment for two
or more years for some offence is disqualified from contesting elections
executive= P, PM, Ministers, Civil servants
Permanent executive? = day to day administrative
The constitution wants to create neither a real executive nor a mere figurehead,
but a head that neither reigns nor governs; it wants to create a great figurehead
No restriction on CoM number
most important feature of parliamentary executive is that the executive is rou-
tinely under the control and supervision of the legislature.
PM >> the linchpin of Government >> by Nehru
Political parties of different ideologies come together both as pre-poll and post-
poll allies to form a govt.
CM >> the leader of the majority party in the Assembly

Bureaucracy is an instrument through which welfare policies of

the government must reach the people
The executive enjoys greater powers compared to other organs of the govern-
ment.
PARLIAMENT: It is the centre of all democratic political process.
Legislature also helps people in holding the representatives accountable
it is the most representative of all organs of government
A bicameral legislature makes it possible to have every decision re-
considered. Double check on every matter.
The number of members to be elected from each State has been fixed by
the fourth schedule of the Constitution.
 the meeting of the Rajya Sabha can be called and urgent business can be
conducted.
Cabinet: No major bill is introduced in the Parliament without the approval of
the Cabinet.
All constitutional amendments have to be approved by a special majority of
both Houses.
judicial functions of the Parliament include considering the proposals for re-
moval of President, Vice-President and Judges of High Courts and Supreme
Court.
In a democratic form as adopted by our Constitution, the people are the final au-
thority
a bill proposed by the government has to be acceptable to all the partners of the
coalition.
Once the Cabinet approves the policy behind the legislation, the task of drafting
the legislation begins.
Only if the Parliament is active and vigilant, can it keep regular and effective
check on the executive.
Parliamentary privilege- no action can be taken against a member for what-
ever the member may have said in the legislature.
The most powerful weapon that enables the Parliament to ensure executive ac-
countability is the no-confidence motion.
The legislature is not involved in the process of appointment of judges
Judge >> Removal >> only on Proven Misbehaviour >> Special majority
Constitution >> SC >> Defined its functions and responsibilities.
Federal >> Directly >> SC
Supreme Court is not bound to give advice on such matters and the President is
not bound to accept such an advice.
Single Integrated Judiciary >> Advisory Jurisdiction
Declaring a law unconstitutional >> Original Jurisdiction
The review power extends to the laws passed by State legislatures also.
In the parliamentary system, the legislature has the power to govern itself and
regulate the behaviour of its members.
the Constitution provides that the conduct of judges cannot be discussed in the
Parliament.
Democracy hinges on the delicate balance of power between the judiciary and
the Parliament and both institutions have to function within the limitations set
by the Constitution.
Constitution no word FEDRERALISM >> instead Article 1
-This is possible if the move is ratified by the Rajya Sabha. The Constitution
clearly states that executive powers of the centre are superior to the executive
powers of the States.
-1960s the foundation of our federalism was laid under Jawaharlal Nehru
-The President’s proclamation has to be ratified by Parliament.
-President’s rule can be extended till three years.
-constitutional validity of the decision to impose President’s rule can be exam-
ined by the judiciary.
-Our national movement was also a movement for democracy.
-constitutional status was accorded to local government institutions in 1993.
-Elected local government bodies >> time of Lord Rippon.
-When the Constitution was prepared, the subject of local government was as-
signed to the States. It was also mentioned in the Directive Principles as one of
the policy directives to all governments in the country.
- 1989 >> P. K. Thungon Committee >> recommended constitutional recogni-
tion for the local government bodies
-the new act protects the rights of these communities to manage their resources
in ways acceptable to them. For this purpose, more powers are given to the
Gram Sabhas of these areas and elected village panchayats have to get the con-
sent of the Gram Sabha in many respects.
-The Constitution also mandated the transfer of a list of functions from the State
government to the urban local bodies. These functions have been listed in the
Eleventh/ Twelfth Schedule of the Constitution.
- our Constitution accepts the necessity of modifications according to changing
needs of the society.
- the rights and powers of the States could not be changed without the consent
of the States.

- the wording ‘by LAW’ indicates that these articles can be modified by the
Parliament without recourse to the procedure laid down in Article 368. Many
other articles of the Constitution can be modified by the Parliament in this sim-
ple manner.
- For Amending the remaining parts of the Constitution, provision has been
made in Article 368 of the Constitution. In this article, there are two methods of
amending the Constitution.
- Note that all amendments to the Constitution are initiated only in the Parlia-
ment. Besides the special majority in the Parliament, no outside agency—like
a constitution commission or a separate body—is required for amending the
Constitution.
- no referendum is required for ratification of the amendment.
- only elected representatives of the people are empowered to consider and take
final decisions on the question of amendments. Thus, sovereignty of elected
representatives (parliamentary sovereignty) is the basis of the amendment pro-
cedure.
- two different kinds of special majorities:
1. Those voting in favour of the amendment bill should constitute at least
half of the total strength of that House.
2. The supporters of the amendment bill must also constitute two-thirds of
those who actually take part in voting.
- If the party in power enjoys very thin majority, it can pass legislation of its
choice and can get budget approved even if the opposition does not agree.
- Ratification by States >> consent of only half the States is required and simple
majority of the State legislature is sufficient.
- Amendments are not only due to political considerations.
- Difference between the Judiciary and the Parliament: one was the relation-
ship between fundamental rights and directive principles, the other was the
scope of right to private property and the third was the scope of Parliament’s
power to amend the Constitution.
- Kesavananda Bharati
1. It has set specific limits to the Parliament’s power to amend the Consti-
tution. It says that no amendment can violate the basic structure of the Constitu-
tion.
2. It places the Judiciary as the final authority in deciding if an amend-
ment violates basic structure and what constitutes the basic structure.
In fact, the theory of Basic Structure is itself an example of a living constitu-
tion. There is no mention of this theory in the Constitution. It has emerged from
judicial interpretation.

- Democracy is not only about votes and people’s representation. It is also about
the principle of rule of law.
- Hitherto mentioned three core features of our Constitution
1. Our Constitution reinforces and reinvents forms of liberal individuaism.
2. Constitution upholds the principle of social justice without compromis-
ing on individual liberties
3. Multiculturalism
FREEDOM- Absence of Constraints
To be free means to reduce Social Constraints that limit our ability to make
choices freely.
No individual living in society can hope to enjoy total absence of any kind of
constraints or restrictions. (aspect of freedom)
How we can promote Equality?
1. Establishing formal quality
2. Equality through differential treatment
3. Affirmative action
All other rights were said to be derived from these basic rights >> Right to
Life, Liberty, Property.
Universal right >> Right to Education