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Pol Sci Notes

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182 views11 pages

Pol Sci Notes

Uploaded by

justcallmechad4
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

📖 Indian Constitution – Chapter 1:

Constitution: Why and How?


1. Meaning of a Constitution
●​ A constitution is the fundamental law of a country.
●​ It lays down:
○​ The structure of government.
○​ The distribution of power between institutions.
○​ The rights and duties of citizens.
●​ It ensures stability, limits arbitrariness, and provides a framework for peaceful conflict
resolution.
●​ Without a constitution → risk of instability, dictatorship, or majority dominance.

2. Why Do We Need a Constitution?


●​ Limits power → prevents misuse by rulers.
●​ Guarantees rights → protects minorities and vulnerable groups.
●​ Rule of Law → all citizens, including leaders, subject to law.
●​ Provides legitimacy → citizens accept government authority.
●​ Ensures justice → both political and social.

📌 Example: South Africa’s 1996 Constitution ended apartheid and guaranteed equality for
all races.

3. Making of the Indian Constitution


●​ Constituent Assembly:
○​ Formed in 1946.
○​ 389 members (reduced to 299 after Partition).
○​ Dr. Rajendra Prasad: President of Assembly.
○​ Drafting Committee chaired by Dr. B.R. Ambedkar.
●​ Working:
○​ Met for 2 years, 11 months, 18 days.
○​ Debated each provision in detail.
○​ Consulted global constitutions but adapted to Indian conditions.
●​ Adopted: 26 November 1949.
●​ Enforced: 26 January 1950 (celebrated as Republic Day).
4. Sources of Indian Constitution
●​ Britain: Parliamentary system, Rule of Law.
●​ USA: Fundamental Rights, Judicial Review.
●​ Ireland: Directive Principles of State Policy.
●​ Canada: Federation with strong Centre.
●​ France: Liberty, Equality, Fraternity.
●​ South Africa: Procedure of amendments, election of Rajya Sabha.
●​ Germany/Weimar: Emergency provisions.
●​ USSR: Fundamental Duties.

5. Preamble and Philosophy


●​ Preamble begins: “We, the people of India…” → Popular sovereignty.
●​ Describes India as Sovereign, Socialist, Secular, Democratic Republic.
●​ Objectives: Justice (social, economic, political), Liberty, Equality, Fraternity.
●​ Reflects the ideals of the freedom struggle.

6. Salient Features of Indian Constitution


1.​ Lengthiest written constitution.
2.​ Blend of rigidity and flexibility.
3.​ Federal system with unitary bias.
4.​ Parliamentary system of government.
5.​ Fundamental Rights, Duties, DPSPs.
6.​ Secular State.
7.​ Independent Judiciary.
8.​ Universal Adult Franchise.

7. Amendment of Constitution
●​ Article 368 → amendment procedure.
●​ Types:
○​ Simple majority (e.g., reorganization of states).
○​ Special majority in Parliament.
○​ Special majority + ratification by half the states (federal features).
●​ Major Amendments:
○​ 42nd (1976) → inserted “Socialist, Secular” in Preamble, added Fundamental
Duties.
○​ 44th (1978) → restored democratic balance after Emergency.
○​ 73rd & 74th (1992) → strengthened local self-government.

8. Importance of the Constitution


●​ Safeguards democracy.
●​ Protects citizens’ rights.
●​ Balances diversity with unity.
●​ Enables social transformation.

📖 Indian Constitution – Chapter 2:


Rights in the Indian Constitution
1. Meaning of Rights
●​ Rights are entitlements recognized and protected by law.
●​ They guarantee freedom, dignity, and equality.
●​ Rights are not absolute → subject to reasonable restrictions.

2. Fundamental Rights (Part III, Arts. 12–35)


1.​ Right to Equality (14–18)
○​ Equality before law.
○​ No discrimination on religion, race, caste, sex, place of birth.
○​ Equality of opportunity in jobs.
○​ Abolition of untouchability.
○​ Abolition of titles.
2.​ Right to Freedom (19–22)
○​ Six freedoms (speech, assembly, association, movement, residence,
profession).
○​ Protection in criminal cases (Art. 20).
○​ Right to life and personal liberty (Art. 21).
○​ Protection against arbitrary arrest (Art. 22).
3.​ Right against Exploitation (23–24)
○​ Prohibits human trafficking, bonded labour, child labour.
4.​ Right to Freedom of Religion (25–28)
○​ Freedom of conscience.
○​ Manage religious institutions.
○​ No compulsory religious taxes.
○​ No religious instruction in govt. schools.
5.​ Cultural and Educational Rights (29–30)
○​ Protects languages, cultures of minorities.
○​ Right to establish educational institutions.
6.​ Right to Constitutional Remedies (32)
○​ “Heart and soul” of Constitution (Ambedkar).
○​ Supreme Court & High Courts can enforce rights through writs: Habeas
Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

3. Directive Principles of State Policy (DPSPs)


●​ Part IV (36–51).
●​ Aim: Social and economic democracy.
●​ Non-justiciable but fundamental to governance.
●​ Categories:
○​ Socialist (equal pay, right to work).
○​ Gandhian (village panchayats, prohibition).
○​ Liberal (UCC, international peace).
●​ Example: Right to Education moved from DPSP to Fundamental Right (86th
Amendment).

4. Fundamental Duties
●​ Art. 51A, added by 42nd Amendment (1976).
●​ Citizens must respect Constitution, protect environment, promote harmony,
safeguard public property.
●​ Not enforceable by law, but act as moral obligations.

5. Landmark Cases
●​ Kesavananda Bharati (1973) → Basic Structure Doctrine.
●​ Maneka Gandhi (1978) → expanded Art. 21.
●​ Right to Privacy (2017) → part of Art. 21.
6. Importance of Rights
●​ Protects individuals from state tyranny.
●​ Ensures equality and dignity.
●​ Foundation of democracy.

📖 Indian Constitution – Chapter 3:


Election and Representation
1. Importance of Elections
●​ Provide legitimacy.
●​ Ensure accountability.
●​ Enable peaceful transfer of power.
●​ Strengthen democracy.

2. Universal Adult Franchise


●​ Art. 326: Every citizen 18+ has the right to vote.
●​ Reduced from 21 to 18 by 61st Amendment (1989).

3. Electoral Systems
1.​ First-Past-the-Post (FPTP)
○​ Candidate with most votes wins.
○​ Used in Lok Sabha, State Assemblies.
○​ Pros: simple, stable governments.
○​ Cons: ignores minority votes.
2.​ Proportional Representation (PR)
○​ Seats in proportion to votes.
○​ Used in Rajya Sabha, Presidential elections.
○​ Pros: more representative.
○​ Cons: coalition instability.

4. Election Commission (ECI)


●​ Art. 324: Conducts elections.
●​ Independent body.
●​ Functions: supervise elections, prepare voter lists, enforce Model Code of Conduct.

5. Challenges
●​ Criminalisation of politics.
●​ Money power.
●​ Muscle power.
●​ Fake news and propaganda.
●​ Low women’s representation.

6. Reforms
●​ NOTA (None of the Above).
●​ Voter ID cards.
●​ Asset declaration by candidates.
●​ Calls for state funding, stricter penalties for corruption.

📖 Indian Constitution – Chapter 4:


Executive
1. Meaning
●​ Executive implements laws and policies.
●​ Dual Executive in India:
○​ Nominal (President).
○​ Real (PM + Council of Ministers).

2. President of India
●​ Elected indirectly by Electoral College.
●​ Tenure: 5 years.
●​ Powers:
○​ Executive (appointments).
○​ Legislative (summons, ordinances).
○​ Judicial (pardons).
○​ Emergency powers.
●​ Bound by advice of Council of Ministers (Art. 74).

3. Prime Minister and Council of Ministers


●​ PM = head of government, real executive.
●​ Leader of majority in Lok Sabha.
●​ Council of Ministers → collectively responsible to Lok Sabha.
●​ Articles: 74, 75.

4. Governor & State Executive


●​ Governor: appointed by President, acts as nominal head of state.
●​ CM: real head at state level, responsible to Legislative Assembly.

5. Bureaucracy
●​ Permanent executive (IAS, IPS, IFS, etc.).
●​ Provides continuity, expertise.
●​ Issues: red-tapism, corruption.

📖 Indian Constitution – Chapter 5:


Legislature
1. Parliament of India
●​ Bicameral: Lok Sabha (people) + Rajya Sabha (states).
●​ President is integral part.

Lok Sabha

●​ Directly elected, 5 years.


●​ More powerful (money bills, no-confidence).
Rajya Sabha

●​ Permanent house, 6 years.


●​ Represents states.
●​ Revisory role.

2. Functions of Parliament
●​ Law-making.
●​ Control over executive (Question Hour, no-confidence).
●​ Financial control (budget, money bills).
●​ Constitutional amendments.
●​ Representative role.

3. State Legislatures
●​ Unicameral or Bicameral.
●​ Legislative Assembly (Vidhan Sabha) = main body.
●​ Some states also have Legislative Council (Vidhan Parishad).

4. Challenges
●​ Frequent disruptions.
●​ Money influence.
●​ Decline in debates.

📖 Indian Constitution – Chapter 6:


Judiciary
1. Structure
●​ Supreme Court (top, Art. 124–147).
●​ High Courts (states).
●​ Subordinate Courts.
2. Features
●​ Integrated system.
●​ Independent judiciary.
●​ Guardian of Constitution.

3. Powers
●​ Judicial Review (strike down unconstitutional laws).
●​ Original Jurisdiction (Centre-State disputes).
●​ Appellate Jurisdiction.
●​ Writ Jurisdiction (32, 226).

4. PIL & Judicial Activism


●​ Public Interest Litigation: expands access to justice.
●​ Judicial Activism: proactive role in rights protection.

📌 Cases:
●​ Kesavananda Bharati (Basic Structure).
●​ Maneka Gandhi (expanded liberty).
●​ Vishaka (sexual harassment guidelines).
●​ Navtej Singh Johar (decriminalised homosexuality).

5. Importance
●​ Protects citizens’ rights.
●​ Checks other organs of government.
●​ Ensures rule of law.

📖 Political Theory – Chapter 1: Political


Theory: An Introduction
1. Meaning
●​ Study of political concepts, institutions, and values.
●​ Clarifies terms like liberty, justice, equality.
●​ Answers questions: what should society aim for?

2. Importance
●​ Helps understand rights and duties.
●​ Guides policy-making.
●​ Encourages critical thinking.
●​ Promotes democracy and tolerance.

3. Types of Political Theory


●​ Normative: deals with ideals and values.
●​ Empirical: based on facts, observations.
●​ Contemporary: deals with gender, environment, multiculturalism.

4. Functions
●​ Legitimises authority.
●​ Critiques injustice.
●​ Educates citizens.

📖 Political Theory – Chapter 2: Freedom


1. Meaning
●​ Freedom = absence of external constraints + presence of conditions for
self-development.

2. Negative vs Positive Freedom


●​ Negative Freedom: freedom from interference (Locke).
●​ Positive Freedom: freedom to develop capacities (Rousseau).

3. Why Constraints?
●​ Absolute freedom = chaos.
●​ Constraints ensure equal liberty.
●​ Example: freedom of speech ≠ right to incite violence.

4. Freedom and Democracy


●​ Democracy ensures both negative and positive freedom.
●​ Linked to equality and justice.

5. Debates
●​ Individual vs State.
●​ Liberty vs Equality.
●​ Freedom vs Responsibility.

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