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Constitution of India: A Comprehensive Guide

The COI book for SRM

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0% found this document useful (0 votes)
4 views26 pages

Constitution of India: A Comprehensive Guide

The COI book for SRM

Uploaded by

jj3370
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1

A Course Book on Constitution of India


For First Year Undergraduate Students

Department of English and Foreign Languages


SRM Institute of Science and Technology
2

Hour 1
Introduction to the Constitution of India
The Constitution is the supreme law of the country and all other law-making authorities must
abide by it. They are constrained by constitution in various forms and to different degrees. Most
importantly, constitution provides a guideline, a framework, for governing principles and
procedures, ruling practices, rights of citizens, their powers, and of course, their duties.
Constitution is not created by parliament. It was formed by a constituent assembly after
strenuous researches, discussions, surveys and other such monumental efforts.
The constitution of India was adopted on the 26th of November, in the year 1949. However, it
came to effect on the 26th of January, 1950. 26th of January is celebrated as the Republic Day of
India.
Question 1: What is constitutional assembly? Who were its members and what were their
responsibilities? (5 Marks)
3

Parliament cannot override the principles laid by Constitution. Let’s consider certain prominent
features of India’s Constitution:
It is world’s longest constitution.
It had already 395 articles in 22 parts and 8 schedules already at its commencement.
You can imagine its sheer vastness as it consists of approximately 145,000 words!
It is apparently the second largest active constitution in the world.
It has an elaborate preamble which you will not find in the Constitution of Australia, Canada or
the U.S.A. Preamble primarily tells you what the nature of the government is.

Task 1: Find out and write how many amendments, articles, parts, and schedules currently
our Constitution consists of. (5 Marks)
4

Task 2: Draw/Paste Preamble. Explain the key terms mentioned in it. (10 Marks)
5

Indian citizens have six fundamental rights: Right to Freedom, Right to Equality, Cultural and
Educational Rights, Right to Constitutional Remedies, Right against Exploitation. Lately, the
Right to Privacy has also been added to the fundamental rights.
Question 2: What is the difference between constitutional and fundamental rights? (5
Marks)

Hour 2

Equality and social justice- various kinds of freedoms-social control


Constitution commands equal treatment of all citizens barring any social distinction based on
caste, colour, race, religion, sex and so on. No privileges to be extended to any section of the
society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and
women. Social, economic and political justice; liberty of thought expression, belief, faith and
worship; equality of status and of opportunity, are promised by the constitution to the country’s
citizens.
Question 1: What are the various Acts pertaining to various kinds of freedom? (10 Marks)
6

Task 1: Write a note on “Human Rights Violation” in your words. Paste a related
newspaper article. (5 Marks)
7

Hour 3

Fundamental Rights, Fundamental Duties, constitutional amendments, secularism


Fundamental Rights
1. Right to Equality
2. Right to Freedom
3. Right to Freedom of Religion
4. Cultural and Educational Rights
5. Right to Constitutional Remedies
It shall be the duty of every citizen of India —
1. To abide by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes, rivers, wildlife
and to have compassion for living creatures;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. to strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement;
11. Who is a parent or guardian, to provide opportunities for education to his child, or as the
case may be, ward between the age of six to fourteen years.

Task1: Prepare a survey report on awareness among your college mates about
fundamental rights and duties. Write the analysis in the space provided. (10 Marks)
8

Question 1: What do you mean by ‘Secularism’ and how successful Indian polity have been
in maintaining communal harmony in the state? Write a reflective essay. (5 Marks)

Question1: Describe the powers and functions of the Supreme Court of India. (5 Marks)
9

Hour 4

The levels of government, Indian Federation


India is a “Union of States”, i.e. it has federal structure. There are two levels of government: a
central authority looking after the major affairs of the country and the other is a local government
which looks after the functioning and activities of specific regions. At center the Union
government, and at State level, we have the individual State governments.
The Government at the center: Lok Sabha and the Rajya Sabha. Then come the various state
governments, the Vidhan Sabhas, and the Vidhan Parishad. And finally, we have the Municipal
Corporations, Municipalities, and the Panchayats, which are local governing bodies.
Constitution clearly demarcates legislative powers and jurisdictions of these government bodies.
This is understood through following lists:
Union List: Includes subjects of national importance, like defense, finance, railways, banking
etc. Only the Central Government is allowed to make laws.
State List: Includes all matters pertaining to particular state like transport, Trade, Commerce,
agriculture etc. The state government is the deciding authority for framing laws for these matters.
Concurrent List: Includes topics on which both the Union and the state government can make
laws: education, forests, trade unions etc. In case of conflict with respect to laws, the decision of
the Union Government will prevail as it is the final authority.
Question 1: How do you think the federal system of government is essential/beneficial for
the smooth governance? (5 Marks)
10

Hour 5

Center-state relationship: Legislative, Administrative and Financial


Centre State Legislative Relations
Articles 245 to 255 in Part XI dictates the legislative relations between the Centre and the State.
The Parliament can make laws for the whole or any part of the territory of India. Territory of
India includes the states, UTs and any other area for the time being included in the territory of
India. Whereas, the state legislature can make laws for whole or any part of state.
Centre State Administrative Relations
The administrative jurisdiction of the Union and the State Governments extends to the subjects in
the Union list and State list respectively. The Constitution thus defines the clauses that deal with
the administrative relations between Centre and States.
Centre State Financial Relations
The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List, the
state legislature has exclusive power to levy taxes on subjects enumerated in the State List, both
can levy taxes on the subjects enumerated in Concurrent List whereas ultimate power of taxation
lies with Parliament only.
Individual Task 1: Read and collect more factual details on the Legislative, Administrative
and Financial relations between Center and State. Answers should be submitted as an
assignment of minimum FOUR pages with proper citations and later attached to the
booklet. (10 Marks)
(OR)
Group Task 1: Make and submit a poster/collage explaining and illustrating the
Legislative, Administrative and Financial relations between Center and State. (10 Marks)
11

Hour 6

Roles and positions of President, PM, Council of union ministers Cabinet and
Central Secretariat
The president of India
 To preserve, protect and defend the constitution and the law of India.
 The common head of all independent constitutional entities.
 There is no bar on the actions of the President to contest in the court of law.
 Facilitates the law-making process per the constitution.
 Summons both the Houses of the Parliament and prorogues them.
 Can dissolve the Lok Sabha.
 Inaugurates Parliament by addressing it after the general elections and also at the
beginning of the first session every year.
 All bills passed by the Parliament can become laws only after receiving the assent of the
President.
 President shall declare either that he assents to the Bill, or that he withholds his assent
from it.
 President to ensure compliance with the constitution in performing his duties.
 Appoints the Chief Justice of the Union Judiciary and other judges on the advice of the
Chief Justice.
 Attorney General for India who is the Indian government's chief legal advisor, is
appointed by the President.
 The President appoints, as Prime Minister.
 A money bill can be introduced in the Parliament only with the President’s
recommendation.
 The President lays the Annual Financial Statement, i.e. the Union budget, before the
Parliament.
 All international treaties and agreements are negotiated and concluded on behalf of the
President. The President represents India in international forums and affairs where such a
function is chiefly ceremonial.
 The President may also send and receive diplomats, i.e. the officers from the Indian
Foreign Service. The President is the first citizen of the country.
 The President is the Supreme Commander of the Indian Armed Forces. The President can
declare war or conclude peace, on the advice of the Union Council of Ministers headed
by the Prime Minister.
 President is empowered with the powers to grant pardons in the cases of offence against
Union Law, Military Court, and Sentence is that of death.
Task 1: Make a similar list of powers, roles and responsibilities of the Prime Minister and
Cabinet Ministers. Submit it as assignments consisting of minimum FIVE pages. (20
Marks)
12

Question 1: Explain the procedure of election and removal of the President of India.
13

Hour 7

Roles and position of Governor, CM, and Council of ministers of states:


Legislative, and Executive Control
Governor of a State:
 The Governor is the head and Chief Executive in the state.
 His responsibilities for the state are those of the President in the Centre.
 One person can also function as a Governor of two or more states.
 The person being appointed as the Governor is mostly not a resident of the state for
which he is appointed.
 Union Government consults the concerned State Governments particularly the Chief
Minister for the appointment of the Governor.
 Criteria for the appointment of the Governor:
a. Governor must be a citizen of India.
b. He should be above 35 years of age.
c. Should not to be either MP or MLA of any state.
d. Should not be holding any office of profit in the Government.
e. Should not have been declared bankrupt by any court of law.
 The Governor is appointed for a period of five years. The President can remove or
transfer the Governor at any time.
 Powers and Functions of the Governor:
a. Appoints the Chief Minister and other ministers on the CM’s advice.
b. The Governor can remove the Chief Minister.
c. Advocate General, Chairman and Members of Public Service Commission, Vice-
Chancellors in the state are appointed by the Governor.
d. The CM of the State must consult the Governor about the state administration and
the functioning of his ministry.
e. The President consults the Governor for the appointments of State High Court
judges. The Governor is also the Chancellor of the state universities.
f. All bills become laws in the state only after the signatures of the Governor.
g. The Governor can dissolve the state legislative assembly.
h. The Governor orders the annual budget be placed before the state legislature.
i. He can influence the appointments, postings and promotions of the district judges
and other judicial officials. He has the power to grant pardon, reprieve or
remission of punishment or to suspend, remit or commute the sentences of any
person, convicted of any offence against any law.
14

Task 1: Make a similar list of powers, roles and responsibilities of the Chief Minister. (10
Marks)
15

Question 1: What is Council of Ministers of State? How do they function? (10 Marks)
16

Hour 8

Secretariat and Directorates: organization, structure, and functions


The Cabinet Secretariat functions directly under the Prime Minister. It is responsible for the
administration of the Government of India and facilitate smooth functioning in Ministries/
Departments. It initiates and assists in decision-making in Government and ensures the
coordination between ministries and generate unanimity. Secretariat also manages major crisis
situations in the country and coordinating activities of various ministries in such a crisis.
The State Secretariats are the main administrative centers of the state governments. The state
secretariat conducts the different functions that come under the jurisdiction of the state
government, co-ordinates the activities of different departments of the state government and
carries the responsibilities of implementing the fiscal, administrative and other policies
implemented or adopted by the state government. (Source:
[Link]
Directorates are the executive arm of the state government; they translate into action the policies
that arc framed by the State Secretariat. Even though the terms 'Directorates' and 'Executive
Agencies' are often used interchangeably, Directorates are but one type of executive agency. The
Secretariat is concerned with the setting of the broader policies and goals of the state government
while the responsibility for achieving those goals and executing those policies rests with the
heads of the executive departments. The executive agencies are as a rule located outside the
Secretariat and constitute distinct organizational entities. A popular label to identify an executive
agency is 'Directorate'. In many cases, the heads of the executive agencies are known as
directors. Many examples of this could be cited; director of agriculture, director of animal
husbandry, director of education, director of social welfare, director of transport, director of
public health, director of town planning, and so on. However, other nomenclatures are also used
to refer to the heads of the executive departments. Thus, the executive head of the department of
police is known as the Inspector Director General of Police; that of the jail department, the
Inspector General of jails; that of the forest department, the chief conservator of forests; that of
the cooperative department, the registrar of cooperative societies; that of the sales tax
department, the commissioner of sales tax; that of the irrigation department, the chief engineer
(irrigation); that of the printing and stationery department, the controller and so forth. In other
words, although in many cases, the heads of the executive departments are called Directors, they
are also known by other names. (Source:
[Link]
Task 1: Draw a colorful Tree Diagram for the organization structure of the state
secretariat and directorate. Submit the drawn assignment in A4 card sheets. (10 Marks)
17

Hour 9

District Administration and the role of District Collector: Legislative, and


Executive Control
District administration functions under the charge of a District Officer termed District Collector.
District administration functions within the territorial boundary of the district. The government at
the Centre and at the State level cannot implement its policies from the headquarters, the state is
divided into territorial divisions and district level. The primary concern of the district
administration is to ensure public safety, the protection of citizens and all their rights. It
comprises the maintenance of law and order and the administration of criminal and civil justice.
In the field of revenue administration its role includes land revenue, irrigation charge, agriculture
income, tax levied, excise duties, entertainment tax etc. Along with these, the administration of
treasury, land reforms, land acquisition, land management, land records, etc. also fall within the
ambit of the district administration. The collector has to ensure the supply of essential
commodities to the people living in remote villages. It collector’s responsibility to help people in
times of natural calamities and disasters.
The District Collector or Deputy Commissioner, who as the chief representative of the
government is the head of the administration. The foremost task of a District Collector, as the
head of the revenue administration of the district, is the assessment and collection of land
revenue. The District Collector’s Revenue Functions include, maintaining land records,
collecting land revenue, rural statistics, government dues, distributing and recovering loans,
implementing land reforms, looking after the welfare of the agriculturists., making an assessment
of losses of crops and recommending relief during natural calamities like fire, draught and flood
etc., paying rehabilitation grant, hearing appeals against the orders of lower authorities,
managing government estates, paying Zamindari Abolition compensation, supervising treasury
and sub treasury, enforcing Stamp Act. District Collector is also responsible for maintaining law
and order in district, controlling and supervising the subordinate magistracy, Inspecting the jails,
The collector submits an annual criminal report to the government, controls and directs the
action of district police; enforces Entertainment Tax Act and Press Act; grants, suspends or
cancels various kinds of licenses like arms, hotels, explosives, etc.; orders disposal of unclaimed
property supervises and controls local bodies; recommends schemes for the development of
forests.
The collector conducts census operation every 10 years; functions as the returning officer and
coordinator of election work of Parliament and Vidhan Sabha constituencies at district level;
grants old age pension and house building loans; supervises and controls municipalities in the
district. The collector functions as the chairman of several committees such as the family
planning committee, public grievance committee, planning committee, soldier welfare fund
committee, etc. and is responsible for the protection of ancient monuments.
Task 1: Collect information about the various functions performed by the district
administration in your home district and submit it as a case study. Include data, facts, and
pictures to validate your statements. (20 Marks)
18

Hour 10

Municipal Corporation, Municipalities, and the Mayor


Municipal Corporation and Municipalities are all Urban Governance Bodies. A Municipal
Corporation is to govern cities with a population of more than 100,000 people. Municipal
Councils are for towns between 25,000 and 100,000 in population. Nagar Panchayat are for
towns with populations between 11,000 and 25,000 people. They are all responsible, in their own
way, to generate revenue through taxes and deliver services to the citizens. Their members are
elected by the citizens. Number of members depends on the size of the city. There is chief officer
with other councilors in municipality. Municipal corporation is ruled by IAS officer/ Mayor.
The mayor is the leader of the council and has legislative and functional roles. The mayor not
only presides over all municipal proceedings within the municipality but must also take the chair
at all meetings of the council at which he or she is present. Mayor’s important roles are
leadership, promoting positive relationships, and modelling good governance. The mayor is
usually council spokesperson and has a significant ceremonial role at specific events, including
citizenship ceremonies. He or she is an important community leader and is often the
spokesperson for the community on economic issues (such as commenting on the impact of jobs
lost or gained in the municipality) or when the community is put under stress (such as disaster
management and socio-economic issues). The mayor has responsibilities towards, and is
accountable to, all councilors. And the mayor’s leadership style should reflect this.
Task 1: Find out the names TEN Mayors governing Municipal Corporations in India
currently.
19

Hour 11

Zila Panchayat, Gram Panchayat Block level governance


The Panchayati Raj Institution (PRI) consists of three levels:
 Gram Panchayat at the village level
 Block Panchayat or Panchayat Samiti at the intermediate level
 Zilla Panchayat at the district level
The word “Panchayat” means assembly (ayat) of five (panch) and raj means “rule”. Traditionally
Panchayats consisted of elderly and wise people chosen by the local community, who used to
settle disputes between individuals and villages. The leader of the panchayat used to be called as
Mukhya or Sarpanch. Generally, the elder-most or most senior person would be elected to this
position. The Panchayati Raj system is also recognised as a form of direct democracy (i.e they
exercise all powers of a government at a village level), as opposed to the popular notion that it is
a type of representative democracy.
Gram Panchayat: Gram Panchayat consists of a village or a group of villages divided into
smaller units called “Wards”. Each ward selects or elects a representative who is known as the
Panch or ward member. The members of the Gram Sabha elect the ward members through a
direct election. The Sarpanch or the president of the Gram Panchayat is elected by the ward
members as per the State Act. The Sarpanch and the Panch are elected for a period of five years.
Gram Panchayat is governed by the elected body and administration. The secretary is normally
in charge of the administrative duties of the Gram Panchayat.
Block Panchayat: Panchayat Samiti (also called Taluka Panchayats or Block Panchayats) is the
intermediate level in Panchayati Raj Institutions. The Panchayat Samiti acts as the link between
Gram Panchayat (Village) and District Panchayat (Zilla). These blocks do not hold elections for
the Panchayat Samiti council seats. Rather, the block council consists of all of the Sarpanchas
and the Upa Sarpanchas from each Gram Panchayat along with members of the legislative
assembly (MLA), members of parliament (MPs), associate members (like a representative from a
cooperative society) and members from the Zilla Parishad who are a part of the block. The Gram
Panchayat members nominate their Sarpanch and Upa Sarpanch amongst their ranks, which
extend to the selection of the chairperson and vice-chairperson as well. The Executive Officer
(EO) is the head of the administration section of the Panchayat Samiti.
District Panchayat: The District Panchayat also known as the District Council or Zilla Parishad is
the third tier of the Panchayati Raj system. Like the Gram Panchayat, the District Panchayat is
also an elected body. Chairpersons of Block Samitis also represent the District Panchayat. Like
the Block Panchayat, the MP and MLA are also members of the district panchayat. The
government appoints the Chief Executive Officer to carry out the administration of the district
Panchayat along with the the Chief Accounts Officer, the Chief Planning Officer and one or
more Deputy Secretaries who work directly under the Chief Executive Officer and assist
him/her. The Zilla Parishad chairperson is the political head of the district panchayat. (Source:
[Link]
20

Question 1: What do you think could be the purpose behind establishing this third tier of
government? Reflect over it in minimum 100 words. (10 Marks)
21

Hour 12

Election Commission of India


Election commission plays a vital role in organizing elections. The most critical challenge before
the Election Commission of India is to ensure free and fair elections in the country. Key
functions of the Election Commission of India are are:
 To issue the Model Code of Conduct in every election for political parties and candidates
so that the decorum of democracy is maintained.
 To regulate political parties and registers them for being eligible to contest elections.
 To publish the allowed limits of campaign expenditure per candidate to all the political
parties, and monitors the same.
 The political parties must submit their annual reports to the ECI for getting tax benefit on
contributions.
 It guarantees that all the political parties regularly submit their audited financial reports.
 The Commission can recommend for disqualification of members after the elections if it
thinks they have violated certain guidelines.
 In case, a candidate is found guilty of dishonest practices during the elections, the
Supreme Court and High Courts consult the Commission.
 The Commission can postpone candidates who fail to submit their election expense
accounts timely.
 To supervise, direct, control and conduct all elections to Parliament and State
Legislatures as also to the office of the President and Vice- President of India.
 To set down general rules for election.
 To determine constituencies and to prepare electoral rolls.
 To give credit to political parties.
 To allot election symbols to different political parties and individual contestants.
 To appoint tribunals for the decision of doubts and disputes arising out of or in
connection with election to parliament and State Legislatures.

Task 1: Survey and write an essay on the General Elections 2019 in India. Narrate its
entire process including phases in which it was held in different parts of the country,
percentage of votes casted, number of candidates contested, results of the elections,
interesting facts about these elections, presidents’ role, selection of PM, cabinet ministers,
and several such relevant details. Submit it as handwritten assignments in A4 papers in not
less than FIVE (both sides) pages. Pay attention to the conciseness, yet comprehensibility of
your writeup. (20 Marks)
22

Hour 13

The Chief Election Commissioner


Initially, the commission had only a Chief Election Commissioner. Presently, it consists of a
Chief Election Commissioner and two Election Commissioners. The concept of multi-member
Commission has been in operation since then, with decision-making power by majority vote.
 The President has the power to select Chief Election Commissioner and Election
Commissioners.
 They have tenure of six years, or up to the age of 65 years, whichever is earlier.
 They have the same status and receive pay and perks as available to Judges of the
Supreme Court of India.
 The Chief Election Commissioner can be removed from office only through accusation
by Parliament.
 Election commissioner or a regional commissioner shall not be removed from office
except on the recommendation of the Chief Election Commissioner.
 The Commission has the power to prohibit a candidate who has failed to lodge an
account of his election expenses within the time and in the manner set by law.
 The Commission has also the power to remove or reduce the period of such
disqualification as also other disqualification under the law.
It is the Election Commissioner’s duty:
 To organize and periodically amend electoral rolls and to register all qualified voters.
 To inform the dates & schedules of election and to scrutinize the nomination papers.
 To grant recognition to political parties & allot election symbols to them.
 To act as a court for settling disputes related to granting of recognition to political parties
and allotment of election symbol to them.
Electoral Registration Officer– ECI appoints the officer of State or local government as Electoral
Registration Officer for the preparation of Electoral rolls for a parliamentary/ assembly
constituency.
Task1: Collect facts and information, and write about State Election Commissions. (5
Marks)
23

Hour 14

Women’s Commission, Minorities Commission and Human Rights Commission


While Indian women have fought against the patriarchal Indian society and triumphed at many
levels, cases of rape, dowry deaths, female infanticide, sexual harassment at workplaces, female
illiteracy, and similar problems are still rampant in Indian society. It was in this backdrop that the
Committee on the Status of Women in India (CSWI) the establishment of the National
Commission for Women to fulfill the surveillance functions and to facilitate redressal of
grievances and to accelerate the socio-economic development of women.
The Constitution not only grants equality to women but has also made special provisions for
ensuring equality Thus, as per the recommendations of the CSWI and in order to uphold the
mandate of the Constitution, in January 1992, the National Commission for Women (NCW), was
set up as a statutory body under the National Commission for Women Act, 1990 (Act No. 20 of
1990 of Government of India).
The Act of 1990 under Section 3 provides for the constitution of the commission. This section
lays down that the commission will consist of one Chairperson, who is committed to the cause of
women, five members from various fields and a member secretary who shall be an expert in the
fields of management, organizational structure, sociological movement or a, member of the civil
service of the Union. All the members of the commission are nominated by the Central
Government. Each person holds office for a period of five years or till he attains the age of
seventy. At least one member each of the Commission must belong to a Scheduled Caste or
Scheduled Tribe. In addition to the abovementioned members of the Commission, the
Commission has the power to set up committees with members from outside the Commission.
Broadly speaking the Commission's mandate can be divided under four heads – (a) safeguard of
rights of women granted by the constitution and laws, (b) study problems faced by women in the
current day and make recommendations to eradicate these problems, (c) evaluating the status of
Indian women from time to time and (d) funding and fighting cases related to women's rights
violations.(Source: [Link]
[Link])

India's National Human Rights Commission (NHRC) was created in 1993, as a response to
increasing international awareness of human rights, after India entered the global economic
arena. While human rights were enshrined in the Indian Constitution, it was the lack of a system
to protect and safeguard against exploitation that made it necessary to support charities fighting
for children’s rights in India. Therefore, the Human Rights Commission in India, armed with a
defining intent of protecting human rights, provided a definitive framework to NGOs in India,
and other initiatives working in the fields of indigenous human rights.
24

The National Human Rights Commission in India derives its power from The Protection of
Human Rights Act (TPHRA). Its composition enjoys a robust legal fortitude, with a panel that
features former judges of the Supreme Court, High Court, and people experienced in human
rights policy and execution. It is presided by a retired Chief Justice of India, and Chairpersons of
national commissions of key human rights concerns - Minorities, India's Scheduled Classes and
Tribes, and Women.
The Functions of the National Human Rights Commission
Legal proceedings
It also can intervene in human rights proceedings, which may be pending before the court.
NHRC officials visit jails to inspect living conditions for inmates incarcerated for treatment,
reformation or protection.
Instrument of policy
As a body to oversee policy, the NHRC can review and make recommendations in Constitutional
and legal safeguards. It can also review international treaties and events that may compromise
human rights.
Human rights literacy
The NHRC also serves as the basis of human rights literacy in India, initiating awareness of
rights through publications, media channels, seminars etc. Common themes in India's
contemporary human rights violation history include labour law, extrajudicial killing, sexual
violence and LGBT rights, violence and discrimination against women, children and minorities.
Child rights in India: a vital function of the NHRC
Children's rights apply to the special protection and care that minors under the age of 18 are
provided. Based on international legislations, these include right to association with both parents,
physical protection, food, free education, healthcare, and legal protection from violence or
discrimination. ([Link]
commission-in-india)

Task 1: Write an essay on Religious Minorities in India and explain how the Constitution
pledges to safeguard their wellbeing. (10 Marks)
25

Hour 15

Review and Reflections


Write a short essay (not more than 2-3 pages long) on any THREE of the following, strictly
in your own words. All the references must be duly acknowledged:
1. “India is most populous democracy in world and possesses diversity of cultures”.
Explain.

2. Mohandas Karamchand Gandhi: "In a gentle way, you can shake the world." Describe
some of the possible ways in which you think you yourself can 'gently shake' India today.

3. Vallabhbhai Patel: "My only desire is that India should be a good producer and no
one...should be hungry, shedding tears for food in the country." What do you think are
the best ways to ensure optimizing usages of food in India today? Illustrate your essay
with relevant data, facts, tables, or diagrams.

4. Sarojini Naidu: "Democracy is constructed like an edifice, freedom by freedom, right by


right, until it reaches its snapping point.". What does Naidu imply here? What do you
think could be the ‘snapping point’ shaking the foundations of the edifice of democracy?

5. Bhimrao Ambedkar: "Men are mortal. So are ideas. An idea needs propagation as much
as a plant needs watering. Otherwise both will wither and die." Discuss three of the most
important ideas that India needs to nurture at the present time for the smooth functioning
of this large Democracy.
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Three key powers of the President of India in the legislative process include summoning Parliament sessions, assenting to bills, and recommending money bill introductions. The President summons and prorogues parliamentary sessions, dissolving the Lok Sabha when necessary . All bills must receive the President's assent to become laws, with the option to withhold consent if needed . Additionally, a money bill requires the President's recommendation before introduction, reflecting the executive's influence over legislative financial matters . These powers ensure the President facilitates and oversees constitutional legislative procedures.

The legislative relations between the Center and State in India reflect a balance of power by assigning specific legislative competencies to each level. Articles 245 to 255 in Part XI of the Constitution outline these relationships, where the Parliament can legislate for the entire country or any part, while state legislatures can make laws for their respective states . Although both can legislate on Concurrent List subjects, the Union law prevails in case of conflict . This provision ensures that the Central Government holds overarching authority on national matters while allowing states autonomy on local issues.

The administrative relationship between the Center and States in India involves the distribution of executive responsibilities based on the subjects in the Union and State Lists. While the Union Government has jurisdiction over national subjects, State Governments manage local matters . This division allows states to exercise autonomy in areas such as health and transport. However, the Center can give directions to states for implementing Union laws, influencing state autonomy . This structure ensures national coherence while providing states with a degree of self-governance, although central oversight can occasionally limit complete autonomy.

The National Human Rights Commission (NHRC) contributes to the protection and promotion of human rights in India by reviewing legal safeguards, intervening in court proceedings, and inspecting detention facilities . It creates awareness and campaigns on human rights issues, evaluates policy impacts on rights, and addresses complaints of violations . By setting legal frameworks and participating in educational efforts, the NHRC plays a crucial role in upholding and advancing human rights norms and standards throughout the country.

The financial relations between the Center and the States in India are pivotal for fiscal federalism as they outline tax jurisdiction and revenue sharing. The Parliament has exclusive taxation power on Union List subjects, while States control taxes on State List subjects . Both levels can impose taxes on Concurrent List subjects; however, ultimate taxation power rests with Parliament . These financial relationships help balance the central oversight with state fiscal independence, ensuring that states have the resources necessary for local governance while contributing to national revenue.

The division of subjects into the Union, State, and Concurrent Lists facilitates federal governance in India by delineating the areas of legislative competence for the central and state governments. The Union List comprises subjects of national importance like defense, finance, and banking, which only the Central Government can legislate on . The State List includes matters of regional concern, allowing individual state governments to create laws tailored to local needs, such as agriculture and commerce. The Concurrent List includes subjects like education and forests, where both levels can legislate, but in case of conflict, Union legislation prevails . This division allows for both uniformity in national matters and diversity in local governance, supporting a balanced federal structure.

The Chief Election Commissioner (CEC) plays a pivotal role in ensuring free and fair elections in India. The CEC heads the Election Commission, which is responsible for preparing and updating electoral rolls, recognizing political parties, and allocating election symbols . The Commission prohibits candidates who fail to report election expenses and handles disqualifications . With decision-making power held by the majority, the Commission ensures impartiality and transparency in the electoral process. These functions effectively prevent malpractices and maintain the integrity of India’s democratic elections.

The President of India plays a crucial role in maintaining constitutional governance by acting as the ceremonial head of state and safeguarding the Constitution. The President summons and prorogues Parliament sessions, dissolves the Lok Sabha, and assents to bills, making them laws . The President appoints the Prime Minister, Chief Justice of India, other judges, and the Attorney General . Additionally, the President represents India internationally, signs international treaties, and is the Supreme Commander of the Armed Forces with powers to declare war or peace on the advice of the Union Council of Ministers . These responsibilities ensure that the President upholds the Constitution and facilitates the legislative and executive branches' functioning.

The National Commission for Women (NCW) plays a significant role in promoting women's rights in India by safeguarding rights granted by the Constitution and evaluating the status of women . Established as a statutory body, the NCW addresses grievances, facilitates socio-economic development, and makes policy recommendations . It conducts research on issues affecting women and provides intervention in cases of rights violations, thereby contributing to the empowerment and protection of women across India.

The governor in Indian states acts as the ceremonial head, similar to the President at the Centre, and is appointed by the President. In contrast, the chief minister is the elected head of the council of ministers in the state . The governor's responsibilities include appointing the chief minister, state public service commission officials, and chancellors of state universities . The governor has the power to dissolve the state legislative assembly and assent to bills, while the chief minister focuses on administration and implementation of governmental policies. This division delineates the ceremonial and executive functions within the state's governance structure.

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