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Overview of India's Political Framework

The document outlines the Constitution of India, which serves as the supreme law and framework for governance established on January 26, 1950. It details key features such as the federal structure, fundamental rights, directive principles, and the parliamentary system, along with interesting facts about its drafting and amendments. The Preamble emphasizes India's identity as a sovereign, socialist, secular, and democratic republic, highlighting the principles of justice, liberty, equality, and fraternity.

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0% found this document useful (0 votes)
3 views125 pages

Overview of India's Political Framework

The document outlines the Constitution of India, which serves as the supreme law and framework for governance established on January 26, 1950. It details key features such as the federal structure, fundamental rights, directive principles, and the parliamentary system, along with interesting facts about its drafting and amendments. The Preamble emphasizes India's identity as a sovereign, socialist, secular, and democratic republic, highlighting the principles of justice, liberty, equality, and fraternity.

Uploaded by

nainakeshri7
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

POLITICAL

ENVIRONMENT
MODULE IV a

Emmanuel Macron
French President
Gabriel Attal
Prime Minister (France)
https://
[Link]/spotlight/
pm-gati-shakti-national-mas
ter-plan-multi-modal-conne
ctivity
LEARNING OUTCOMES

At the end of this unit you will be able to understand about:

o Constitution of India
o Political Institutions
 Legislature
 Executive
 Judiciary

o Role of Political Stability for Growth of Business.


Droupadi Murmu
President of India
WHOs WHO in INDIA
[Link]
CONSTITUTION OF INDIA

The Constitution of India,


which came into effect on
January 26, 1950, is
the supreme law of the land
and establishes the framework
for governance.

[Link]
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Length and Structure

The Constitution of India is one of the lengthiest written constitutions in


the world.
It contains a Preamble, 395 Articles (now more with amendments), 22
Parts, and 12 Schedules (originally 8 Schedules).

Preamble

The Preamble declares India to be a Sovereign, Socialist, Secular, and


Democratic Republic.
It emphasizes Justice, Liberty, Equality, and Fraternity among citizens.
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Federal Structure with Unitary Bias

The Constitution establishes a federal structure with the division of


powers between the Union and State Governments but allows for unitary
features in times of emergency.
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Fundamental Rights

Enshrined in Part III, these are basic human rights guaranteed to all
citizens.

They include:
Right to Equality (Articles 14–18)
Right to Freedom (Articles 19–22)
Right against Exploitation (Articles 23–24)
Right to Freedom of Religion (Articles 25–28)
Cultural and Educational Rights (Articles 29–30)
Right to Constitutional Remedies (Article 32)
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Directive Principles of State Policy (DPSP)

Mentioned in Part IV, these are non-justiciable guidelines for the state to
follow in governance, aiming to achieve socio-economic welfare.
Examples include providing adequate means of livelihood, ensuring
equitable distribution of wealth, and promoting health and education.

Fundamental Duties

Added by the 42nd Amendment in 1976, these duties are outlined in Part
IVA (Article 51A) and remind citizens to uphold the Constitution and
promote harmony.
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Parliamentary System of Government

The Constitution establishes a bicameral legislature at the national level,


consisting of the Lok Sabha (House of the People) and the Rajya Sabha
(Council of States).

Independent Judiciary

The judiciary is independent of the executive and legislature. The


Supreme Court is the apex court, followed by High Courts and Lower
Courts.
The judiciary has the power of judicial review to ensure the
constitutionality of laws.
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Single Citizenship

The Constitution provides for single citizenship for all Indians, irrespective
of the state or territory they belong to.

Universal Adult Suffrage

Every citizen of India aged 18 or above has the right to vote, irrespective
of caste, gender, religion, or education.
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Emergency Provisions

The Constitution allows for three types of emergencies:


National Emergency (Article 352)
President’s Rule (Article 356)
Financial Emergency (Article 360)

Amendment Procedure

The Constitution provides a detailed process for amendments under Article 368,
which allows it to be flexible and adaptable over time.

Reservation and Affirmative Action

The Constitution provides for reservation policies to uplift the socially and
economically backward sections of society, particularly Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs).
CONSTITUTION OF INDIA
COMPOSITION
Preamble:

An introductory statement that sets out the guiding principles and


philosophy of the Constitution. It reflects the vision and values, such as
justice, liberty, equality, and fraternity.

Parts and Articles:

The Constitution originally had 395 Articles divided into 22 Parts. Due to
amendments, it now contains more than 470 Articles. Each part deals with
different aspects of governance and administration, like fundamental
rights, the structure of government, and emergency provisions.
CONSTITUTION OF INDIA
COMPOSITION
Schedules:

The Constitution includes 12 Schedules, which provide additional details


and lists related to various governance matters. These include:
First Schedule: Lists the states and union territories of India.
Second Schedule: Covers the emoluments and allowances of the
President, Governors, Judges, and other officials.
Third Schedule: Contains oaths and affirmations for various
constitutional posts.
Fourth Schedule: Deals with the allocation of seats in the Rajya Sabha
to states and union territories.
Fifth Schedule: Provides for the administration and control of
Scheduled Areas and Scheduled Tribes.
Sixth Schedule: Relates to the administration of tribal areas in the
states of Assam, Meghalaya, Tripura, and Mizoram.
CONSTITUTION OF INDIA
COMPOSITION
Cont..
Seventh Schedule: Outlines the division of powers between the Union
and State Governments through the Union List, State List, and
Concurrent List.
Eighth Schedule: Lists the recognized languages of India.
Ninth Schedule: Contains laws that are exempt from judicial review,
added by the First Amendment in 1951.
Tenth Schedule: Known as the "Anti-Defection Law," added by the 52nd
Amendment in 1985, it addresses political defections.
Eleventh Schedule: Relates to the Panchayati Raj (rural local
governance), added by the 73rd Amendment in 1992.
Twelfth Schedule: Pertains to urban local governance (municipalities),
added by the 74th Amendment in 1992.
CONSTITUTION OF INDIA
COMPOSITION
Amendments:

The Constitution provides a framework for amendment, allowing it to evolve over


time. The amendment process is outlined in Article 368 and is categorized into:

Simple Majority Amendments: Changes that require a simple majority in


Parliament.
Special Majority Amendments: Changes that need a two-thirds majority in
both Houses of Parliament.
Special Majority and Ratification by States: Certain provisions require
ratification by at least half of the state legislatures in addition to a special
majority in Parliament.

Appendices:
The Constitution includes appendices that cover topics like the distribution of
legislative powers, lists of recognized languages, and the format of various oaths.
CONSTITUTION OF INDIA
INTERESTING FACTS
World’s Longest Written Constitution

The Indian Constitution is the longest written constitution of any sovereign


country in the world. It originally consisted of 395 Articles, 22 Parts, and 8
Schedules, but now has over 470 Articles and 12 Schedules due to various
amendments.

Multiple Sources of Inspiration

The Constitution draws from various international constitutions:


Parliamentary system from the United Kingdom.
Fundamental Rights from the United States Bill of Rights.
Directive Principles of State Policy from Ireland.
Federal structure from Canada.
Emergency provisions from Germany.
CONSTITUTION OF INDIA
INTERESTING FACTS
Longest Written Preamble

The Preamble of the Indian Constitution is not only eloquent but also one of the most
elaborate and meaningful preambles in the world. It emphasizes the nation's values,
including Sovereignty, Socialism, Secularism, Democracy, and Republic.

Two-Year Drafting Process

It took 2 years, 11 months, and 18 days to draft the Constitution. The Constituent
Assembly, which was responsible for drafting it, began work on December 9, 1946, and
completed it on November 26, 1949.

Handwritten Constitution

The entire Constitution of India was handwritten. It was calligraphed in both Hindi and
English by artist Prem Behari Narain Raizada. The original copies are preserved in special
helium-filled cases in the Library of the Parliament of India.
CONSTITUTION OF INDIA
INTERESTING FACTS
Artwork by Nandalal Bose

Renowned artist Nandalal Bose and his team illustrated the pages of the original
Constitution with intricate artwork depicting scenes from Indian history, such as the
Vedic period, Mughal era, and Indian freedom movement.

Unique Amendment Procedure

The Indian Constitution provides a unique amendment procedure that combines the
flexibility of the British system and the rigidity of the American system. It allows for both
simple and complex amendments, depending on the provisions being changed.

The Doctrine of Basic Structure

The concept of the basic structure was introduced in the landmark Kesavananda
Bharati case (1973). According to this doctrine, certain fundamental features of the
Constitution cannot be altered by amendments, safeguarding the spirit of the
Constitution.
CONSTITUTION OF INDIA
INTERESTING FACTS
Special Provisions for States

The Constitution includes special provisions for certain states, such as Jammu and
Kashmir (Article 370, which has since been abrogated in 2019) and Nagaland (Article
371A), to accommodate their unique cultural and historical circumstances.

Ambedkar: The Chief Architect

Dr. B.R. Ambedkar is often referred to as the Father of the Indian Constitution. He
chaired the Drafting Committee and played a pivotal role in shaping the Constitution.

Original Constitution Did Not Include the Terms "Secular" and "Socialist“

The terms "Secular" and "Socialist" were added to the Preamble later through the 42nd
Amendment Act in 1976 during the Emergency period.
CONSTITUTION OF INDIA
INTERESTING FACTS
India: A "Union of States"

The Constitution refers to India as a "Union of States", which means that the states
have no right to secede from the Union. This phrase underscores the unity and integrity
of the country.

Special Features for Protection of Rights

Article 32, termed the "heart and soul of the Constitution" by Dr. B.R. Ambedkar,
empowers citizens to move the Supreme Court to enforce their Fundamental Rights,
showcasing a robust mechanism for protecting citizens' liberties.
CONSTITUTION OF INDIA
INTERESTING FACTS
Unique Blend of Federal and Unitary Features

The Constitution is federal in nature but has unitary features during times of
emergency. This means that while normal governance is federal (divided between
central and state governments), the center becomes more powerful under certain
circumstances.

Constitution Day (Samvidhan Divas)

November 26 is celebrated as Constitution Day or Samvidhan Divas to commemorate


the adoption of the Constitution in 1949. Republic Day, on January 26, 1950, marks the
day the Constitution came into force.
ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN
Sovereignty means that a country is independent and has supreme authority
• SOCIALIST over its own territory and decisions, free from external control or influence.
• SECULAR
• DEMOCRATIC Example: India is a sovereign nation, meaning it makes its own laws and
policies without any interference from other countries or foreign powers.
• REPUBLIC
• LIBERTY
• FRATERNITY

Friday, December 26, 2025 BE 26


ELEMENTS OF PREAMBLE OF CONSTITUTION

 The word sovereign means supreme or independence.


• SOVEREIGN
 India is internally and externally sovereign.
• SOCIALIST
 Externally free from the control of any foreign power and internally, it has a
• SECULAR
free government which is directly elected by the people and makes laws
• DEMOCRATIC that govern the people.
• REPUBLIC  Indian Independence Act 1947
• LIBERTY  Till 1950,26th January-political status of a Dominion in the British
• FRATERNITY Commenwealth of Nations
 With the writing of constitution ,india became a “sovereign Republic” like
USA or Swiss Republic

Friday, December 26, 2025 BE 27


ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN Socialism refers to the idea that the state should strive to reduce income
inequality and provide social welfare for the betterment of society, often
• SOCIALIST through public ownership of resources and regulation.
equality.
• SECULAR
• DEMOCRATIC Example: Programs like public healthcare, free education, and subsidies for
essential services are examples of socialist policies aimed at promoting social
• REPUBLIC
• LIBERTY
• FRATERNITY

Friday, December 26, 2025 BE 28


ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN  The word socialist was added to the Preamble by the 42 Amendment of the
• SOCIALIST constitution in 1976.
• SECULAR  It implies social and economic equality.
• DEMOCRATIC  Social equality in this context means the absence of discrimination on the

• REPUBLIC grounds only of caste, color, creed, sex, religion, or language.


 Economic equality in this context means that the government will endeavor to
• LIBERTY
make the distribution of wealth more equal and provide a decent standard of
• FRATERNITY
living for all.
 This is in effect emphasized a commitment towards the formation of a
welfare state.

Friday, December 26, 2025 BE 29


ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN Secularism means that the government remains neutral in matters of religion
• SOCIALIST and does not favor or discriminate against any religion. People are free to
practice any religion or none at all.
• SECULAR
• DEMOCRATIC Example: In a secular country like India, all religions are treated equally, and
the state does not endorse any specific religion. For instance, public
• REPUBLIC institutions like schools do not promote religious teachings.
• LIBERTY
• FRATERNITY  The word secular was added to the Preamble by the 42 Amendment of the
constitution in 1976.

Friday, December 26, 2025 BE 30


ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN Democracy means that the government is elected by the people and works
for the benefit of its citizens. People have the right to participate in the
• SOCIALIST political process through voting and other democratic means.
the will of the majority.
• SECULAR
• DEMOCRATIC Example: The United States is a democratic country where citizens vote for
their leaders in elections held periodically, and decisions are made based on
• REPUBLIC
• LIBERTY
• FRATERNITY

Friday, December 26, 2025 BE 31


ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN
• SOCIALIST  The first part of the preamble “We, the people of India” and, its last part “give

• to ourselves this Constitution” clearly indicate the democratic spirit involved


SECULAR
even in the Constitution.
• DEMOCRATIC
 India is a democracy. The people of India elect their governments at all levels
• REPUBLIC
(Union, State and local) by a system of universal adult franchise (suffrage)
• LIBERTY  Popularly known as "one man one vote".
• FRATERNITY  Every citizen of India, who is 18 years of age and above and not otherwise
debarred by law, is entitled to vote.

Friday, December 26, 2025 BE 32


In 1863, a speech he delivered
during the American Civil War
ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN A republic is a form of government where the head of state is elected and not
• SOCIALIST a hereditary monarch. The public has the power to elect their leaders, who
are accountable to them.
• SECULAR
• DEMOCRATIC Example: France is a republic because it has an elected president as the head
of state, rather than a king or queen.
• REPUBLIC
• LIBERTY
• FRATERNITY

Friday, December 26, 2025 BE 34


ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN 
As opposed to a monarchy, in which the head of state is appointed on hereditary
• SOCIALIST basis for a lifetime or until he abdicates from the throne.
• SECULAR  A democratic republic is an entity in which the head of state is elected, directly or
• DEMOCRATIC indirectly, for a fixed tenure.
• REPUBLIC  The President of India is elected by an electoral college for a term of five years.
• LIBERTY  The post of the President Of India is not hereditary.

• FRATERNITY Every citizen of India is eligible to become the President of the country.
 The leader of the state is elected by the people.
 Democratic state may have an elected or hereditary head (Monarch in Britain)
 Republican-only elected head of state for a fixed term-India

Friday, December 26, 2025 BE 35


ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN Liberty refers to the freedom of individuals to think, express, and act
• SOCIALIST according to their own will, provided that they do not infringe on the rights of
others.
• SECULAR
• DEMOCRATIC Example: The right to free speech, as protected in the United States by the
First Amendment, allows people to express their opinions without fear of
• REPUBLIC government reprisal.
• LIBERTY
• FRATERNITY

Friday, December 26, 2025 BE 36


ELEMENTS OF PREAMBLE OF CONSTITUTION

• SOVEREIGN
Fraternity means a sense of brotherhood and unity among the members of a
• SOCIALIST society, promoting mutual respect and support for each other.
• SECULAR
• DEMOCRATIC Example: Initiatives to promote national integration and harmony among
diverse communities within a country represent the idea of fraternity. For
• REPUBLIC example, community service projects that bring people of different
• backgrounds together to work toward common goals promote this spirit of
LIBERTY
brotherhood.
• FRATERNITY

Friday, December 26, 2025 BE 37


FEDERAL REPUBLIC OF INDIA

STATES : 28
UNION TERRITORIES : 08

https
://[Link]/states-uts/#:~:text=The%20sy
stem%20of%20government%20in,Administrator%20ap
pointed%20by%20him%2Fher
.

Friday, December 26, 2025 BE 38


POLITICAL SYSTEM

• A political system refers to the structure of government and the


distribution of powers within a country. Two common types of
political systems are unitary and federal systems, which differ
 UNITARY SYSTEM in how authority is shared between the central government
and regional or local governments.
 FEDERAL SYSTEM
• The unitary system is ideal for smaller or more homogenous
countries where centralized control can ensure uniformity,
while the federal system is suited for large, diverse nations
where local autonomy is important for accommodating regional
needs. Both systems have their strengths and weaknesses, and
the choice between them depends on the historical, social, and
political context of the country.

Friday, December 26, 2025 BE 39


POLITICAL SYSTEM

In a unitary system, political power is concentrated in a single central


government. Regional or local governments, if they exist, derive their
powers from the central authority and have limited autonomy. The
 UNITARY SYSTEM central government can delegate authority but can also withdraw or
change it at any time.
 FEDERAL SYSTEM
Characteristics:

• The central government holds ultimate authority and makes


stem decisions on national issues.
d sy
lize • Regional or local governments exist primarily to implement the
nt ra policies and laws made by the central government.
Ce • Local governments may not have independent powers and may
be directly controlled or appointed by the central government.

Friday, December 26, 2025 BE 40


POLITICAL SYSTEM

 UNITARY SYSTEM Example: United Kingdom is a classic example of a unitary system. While
there are devolved governments in Scotland, Wales, and Northern
Ireland, these bodies only have powers granted by the UK Parliament.
 FEDERAL SYSTEM The central government in Westminster retains the authority to override
or change any of these powers.

Other examples: France, China, Japan, South Korea, Italy, Saudi


Arabia, and Norway.

Friday, December 26, 2025 BE 41


POLITICAL SYSTEM

 UNITARY SYSTEM Advantages:

• Ensures uniformity in laws and policies across the country.


 FEDERAL SYSTEM • Allows for quick and centralized decision-making, especially in
times of crisis.

Disadvantages:

• May overlook the diverse needs of different regions.


• Can lead to an over-centralized concentration of power, which
may reduce local representation.

Friday, December 26, 2025 BE 42


POLITICAL SYSTEM

A federal system involves a division of powers between a central


(national) government and regional (state or provincial) governments.
 UNITARY SYSTEM
Both levels of government have constitutionally defined responsibilities,
and neither can unilaterally alter the powers of the other.
 FEDERAL SYSTEM
Characteristics:

• There is a written constitution that outlines the powers and


responsibilities of both central and regional governments.
• Regional governments have significant autonomy and can make
decisions on local matters without interference from the central
government.
• Both levels of government can have their own laws, institutions,
and officials, and they may operate independently in areas
under their jurisdiction.

Friday, December 26, 2025 BE 43


POLITICAL SYSTEM

Example: India operates under a federal system, where power is divided


between the central government (the Union Government) and the
 UNITARY SYSTEM
individual states. The Constitution of India explicitly defines the powers
of the central government and the states through three lists: the Union
 FEDERAL SYSTEM List (central government powers), the State List (state government
powers), and the Concurrent List (areas where both can legislate).

Friday, December 26, 2025 BE 44


POLITICAL SYSTEM

Advantages:
 UNITARY SYSTEM • Encourages local self-governance and better representation of
regional interests.
 FEDERAL SYSTEM • Helps accommodate diversity within a country by allowing local
governance of regional issues.

Disadvantages:

• Can lead to conflicts between central and state governments


over jurisdiction.
• May result in inefficiency and duplication of resources due to
the existence of multiple layers of government.

Friday, December 26, 2025 BE 45


POLITICAL SYSTEM

Types:
 UNITARY SYSTEM
1. BY HOLDING TOGETHER
India, Belgium, Spain, Nigeria, and Pakistan.
 FEDERAL SYSTEM
2. BY COMING TOGETHER
United States, Switzerland, Australia, Germany

Friday, December 26, 2025 BE 46


Friday, December 26, 2025 BE 47
https://
With J&K's Special Status Revoked, Alarm Bells Ring in [Link]/politics/wit
h-jks-special-status-rev
Nagaland oked-alarm-bells-ring-i
n-nagaland
 There is no national language

 Scheduled languages-21

 Use of English for official purpose was to


stop in 1965.
 UP-Population bigger than then
population of Russian.
 Maharashtra-as big as Germany.

Friday, December 26, 2025 BE 49


POLITICAL PHILOSOPHIES
A political arrangement in which supreme
 DEMOCRACY power is vested in the people.

 TOTALITARINISM/AUTHORITARIAN
Individual freedom is totally subordinated to
the power of authority of state and
concentrated in the hands of one person or in a
small group which is not constitutionally
accountable to the people.

Societies ruled by a pressure clique – political,


economic or military- or by a DICTATOR, plus
most oligarchies and monarchies belong to this
group.
Adolf Hitler – Nazi Germany
Joseph Stalin – Soviet Union
Best weapon
for
dictatorship
is secrecy
but the best
BASIC POLITICAL PHILOSOPHIES/MODELS

 DEMOCRACY
 PURE DEMOCRACY (DIRECT DEMOCRACY)
 TOTALITARINISM/AUTHORITARIAN
 REPUBLICAN DEMOCRACY (REPRESENTATIVE DEMOCRACY)
A system where all citizens participate directly in decision-making without
intermediaries or representatives.

Examples:
Switzerland: While Switzerland is a federal republic, it practices
elements of direct democracy through referendums and citizen-initiated
measures. Citizens frequently vote on laws and policies directly.
Ancient Athens: A historical example where citizens had the right to
participate directly in the legislative and judicial functions.
BASIC POLITICAL PHILOSOPHIES/MODELS

 DEMOCRACY
 PURE DEMOCRACY (DIRECT DEMOCRACY)
 TOTALITARINISM/AUTHORITARIAN
 REPUBLICAN DEMOCRACY (REPRESENTATIVE DEMOCRACY)
A system where citizens elect representatives to make decisions and create
laws on their behalf, often under a constitutional framework.

Examples:
United States: A constitutional republic where elected officials
represent the interests of the citizens, and governance is guided by a
constitution.
India: A democratic republic with an elected parliament that makes
laws and governs based on the will of the people.
Germany: A federal parliamentary republic where the government is
elected and operates under a constitutional framework.
[Link]

India ranks 150 on global press


freedom index (2022)

[Link]
rld-press-freedom-index-2022-india-rank-methodology#:~:text=
According%20to%20the%20World%20Press,142nd%20rank%20
among%20180%20nations
.
12/26/2025 BE 54
https://
freedomhous
[Link]/country
/india/freedo
m-world/202
2
Pew Research Center’s Spring 2023 Global Attitudes Survey
[Link]
BASIC POLITICAL PHILOSOPHIES
[Link]
 DEMOCRACY tators/reference

 TOTALITARINISM/AUTHORITARIAN

 THEOCRATIC TOTALITARIANISM

 SECULAR TOTALITARIANISM

 RIGHT WING TOTALITARIANISM

 TRIBAL TOTALITARIANISM
When a countries religious leaders also act as its
BASIC POLITICAL PHILOSOPHIES political leaders.
- Afghanistan, Iran etc.

 DEMOCRACY
Political leaders are guided by military and bureaucratic
 TOTALITARINISM/AUTHORITARIAN power.
- Latin American countries – till late 1980s.
- South Korea,Taiwan,Singapore,Indonesia,Philippines
etc.

 THEOCRATIC TOTALITARIANISM
Here, private ownership of property is endorsed by
government, market forces are also allowed a free play,
 SECULAR TOTALITARIANISM
but political freedom are rarely granted.
- Arentiana,Brazil,Chile,Paraguay etc.
 RIGHT WING TOTALITARIANISM

 TRIBAL TOTALITARIANISM When a political party that represents the interest of a


particular tribe monopolises power.
- Zimbabwe,Tanzania,Uganda,Kenya etc.
When a countries religious leaders also act as its
BASIC POLITICAL PHILOSOPHIES political leaders.
- Afghanistan, Iran etc.

 DEMOCRACY
Political leaders are guided by military and bureaucratic
 TOTALITARINISM/AUTHORITARIAN power.
- Latin American countries – till late 1980s.
- South Korea,Taiwan,Singapore,Indonesia,Philippines
etc.

 THEOCRATIC TOTALITARIANISM
Here, private ownership of property is endorsed by
government, market forces are also allowed a free play,
 SECULAR TOTALITARIANISM
but political freedom are rarely granted.
- Arentiana,Brazil,Chile,Paraguay etc.
 RIGHT WING TOTALITARIANISM

 TRIBAL TOTALITARIANISM When a political party that represents the interest of a


particular tribe monopolises power.
- Zimbabwe,Tanzania,Uganda,Kenya etc.
When a countries religious leaders also act as its
BASIC POLITICAL PHILOSOPHIES political leaders.
- Afghanistan, Iran etc.

 DEMOCRACY
Political leaders are guided by military and bureaucratic
 TOTALITARINISM/AUTHORITARIAN power.
- Latin American countries – till late 1980s.
- South Korea,Taiwan,Singapore,Indonesia,Philippines
etc.

 THEOCRATIC TOTALITARIANISM
Here, private ownership of property is endorsed by
government, market forces are also allowed a free play,
 SECULAR TOTALITARIANISM
but political freedom are rarely granted.
- Arentiana,Brazil,Chile,Paraguay etc.
 RIGHT WING TOTALITARIANISM

 TRIBAL TOTALITARIANISM When a political party that represents the interest of a


particular tribe monopolises power.
- Zimbabwe,Tanzania,Uganda,Kenya etc.
When a countries religious leaders also act as its
BASIC POLITICAL PHILOSOPHIES political leaders.
- Afghanistan, Iran etc.

 DEMOCRACY
Political leaders are guided by military and bureaucratic
 TOTALITARINISM/AUTHORITARIAN power.
- Latin American countries – till late 1980s.
- South Korea,Taiwan,Singapore,Indonesia,Philippines
etc.

 THEOCRATIC TOTALITARIANISM
Here, private ownership of property is endorsed by
government, market forces are also allowed a free play,
 SECULAR TOTALITARIANISM
but political freedom are rarely granted.
- Arentiana,Brazil,Chile,Paraguay etc.
 RIGHT WING TOTALITARIANISM

 TRIBAL TOTALITARIANISM When a political party that represents the interest of a


particular tribe monopolises power.
- Zimbabwe,Tanzania,Uganda,Kenya etc.
[Link]
com/ideas/archive/2019/
04/rwanda-shows-how-h
ateful-speech-leads-viole
nce/587041
In Rwanda, We Know All About Dehumanizing Language /
INDIA is the world’s
LARGEST DEMOCRACY.
Democracy has three institutions:

 LEGISLATUTURE India follows a democratic system of governance with a federal


structure, characterized by the separation of powers among the
 EXECUTIVE Legislature, Executive, and Judiciary. This division ensures a system
of checks and balances and aims to uphold the democratic values
 JUDICIARY enshrined in the Indian Constitution. These three branches work in
tandem yet operate independently to maintain the rule of law,
safeguard the rights of citizens, and promote governance.
House of the People

Council of States

[Link]
Democracy has three institutions:

 Legislature is the most powerful.


LEGISLATUTURE Constitution has assigned three roles to legislature
Law making-laws made by the legislature, also called the
 EXECUTIVE PARLIAMENT, govern the citizens.
 JUDICIARY Ensure accountability of executive or government on policies and
actions to the people.

Engage in discourse and debate on issues that concern the nation


and the citizens.
INDIAN PARLIAMENT

• Parliament is the supreme legislative body of India.


• The Indian Parliament comprises of the President and the two Houses - Rajya Sabha (Council of
States) and Lok Sabha (House of the People).
• The President has the power to summon and prorogue either House of Parliament or to dissolve Lok
Sabha
• The Constitution of India came into force on January 26, 1950.
• The first general elections under the new Constitution were held during the year 1951-52 and the
first elected Parliament came into existence in April, 1952.
• [Link]
• [Link]
• https
://[Link]/elections/lok-sabha-2019/story/lok-sabha-polls-c
omplete-results-party-state-constituency-seat-full-guide-all-you-need-t
o-know-1533514-2019-05-24

LOK SABHA

545=543 ELECTED +2 NOMINATED (ANGLO INDIAN)


RAJYA SABHA

245=233 ELECTED
+12 NOMINATED
CONSTITUENTS OF PARLIAMENT

Friday, December 26, 2025 BE 70


FUNCTIONS OF PARLIAMENT

 To form or end the Government


 To represent the Electorate
 To legislate
 To hold the government accountable for its actions
 To monitor the expenditure of public funds
 To be a forum for debate
 To be a forum for the expression of grievances
 To call for information

Friday, December 26, 2025 BE 71


DISTRIBUTION OF LEGISLATIVE POWERS

Constitution provided 3 fold distribution of legislative powers between the union govt. & state govt.

A. UNION LIST

B. STATE LIST

C. CONCURRENT LIST
DISTRIBUTION OF LEGISLATIVE POWERS

Federal government controls the most essential government


A. UNION LIST functions like
B. STATE LIST • Defense

C. CONCURRENT LIST • Foreign policy


• Taxation
• Public expenditures
• Economic (industrial) planning
DISTRIBUTION OF LEGISLATIVE POWERS

A. UNION LIST • Agriculture


• Education
B. STATE LIST
• Law and order within states
C. CONCURRENT LIST
• Dependent on central government for funds
DISTRIBUTION OF LEGISLATIVE POWERS

A. UNION LIST • Education


• Forest
B. STATE LIST
• Trade union
C. CONCURRENT LIST • Marriage
• Adoption and succession

Both the union as well as the state government make laws on the subject mentioned in this list.
If their laws conflicts with each other ,the law made by the union government will prevail.

RESIDUARY SUBJECT-not included in any of the lists - computer software


Democracy has three institutions:

Also called THE STATE or GOVERNMENT


 LEGISLATUTURE
The tern government refers to “the Centre of he
political authority having the power to govern
EXECUTIVE those it serves”.
 JUDICIARY
Government is the institution by which men everywhere seek to
order society, that is, to control the structure and
functioning of society.
- E.V. Schneider

India operates in federal set up, with powers being


divided between the national and the state
governments.
Democracy has three institutions:

Structure and Composition


 LEGISLATUTURE
The Executive is divided into two levels: Union
and State.
EXECUTIVE
At the Union Level, it consists of the
 JUDICIARY President, Vice President, Prime Minister,
Council of Ministers, and various departments
and agencies.

At the State Level, it includes the Governor,


Chief Minister, and Council of Ministers.
Democracy has three institutions:

The President of India


 LEGISLATUTURE
 The President is the constitutional head of
the state, exercising powers based on the
EXECUTIVE advice of the Council of Ministers.
 Functions: Appointing the Prime Minister,
 JUDICIARY assenting to legislation, and declaring a
state of emergency when necessary.

The Prime Minister and Council of Ministers


 The Prime Minister is the head of the
government and exercises real executive
power.
 The Council of Ministers, led by the Prime
Minister, is responsible for formulating
policies and running the administration.
Democracy has three institutions:

Powers and Responsibilities


 LEGISLATUTURE
Policy Implementation: Executing laws
passed by the Legislature.
EXECUTIVE
Administration: Managing the day-to-day
 JUDICIARY affairs of the state through various ministries
and departments.

Defense and Foreign Affairs: Safeguarding


national security and managing India's
relations with other countries.

Legislative Functions: Introducing bills and


making ordinances when Parliament is not in
session.
Democracy has three institutions:

Structure and Composition


 LEGISLATUTURE
The Judiciary in India is an independent body, headed by
 EXECUTIVE the Supreme Court at the national level, followed by
High Courts in states and various subordinate courts.

JUDICIARY Supreme Court: The apex court, consisting of the Chief


Justice of India and other judges. It has original,
appellate, and advisory jurisdiction.

High Courts: Each state has a High Court, which


supervises lower courts within its jurisdiction.

Subordinate Courts: Includes district and session courts,


which handle civil and criminal cases at the district level.
The Structure of The Indian Judiciary

Supreme Court

High Courts

District Court

Civil Courts Criminal Court


Court of The Session Judge
Court of The Civil Judges
Court of The Chief Judicial Magistrate
Court of The Munsif First Class Judicial Magistrate
Second Class Judicial Magistrate

Friday, December 26, 2025 BE 81


Chief Justice of India

Supreme Court Website


[Link]
justice-judges

Sanjiv Khanna [Link]


ki/Chief_Justice_of_India
Democracy has three institutions:
Functions and Powers

 LEGISLATUTURE Judicial Review: The power to review laws and executive


actions to ensure they conform to the Constitution.
 EXECUTIVE
Dispute Resolution: Settling disputes between the
Centre and states or among states and hearing appeals
from lower courts.
JUDICIARY
Protection of Fundamental Rights: The Judiciary ensures
the protection of citizens' rights through writ petitions
under Articles 32 and 226.

Advisory Role: The Supreme Court can advise the


President on constitutional matters.

Law Interpretation: Interpreting laws and the


Constitution, setting legal precedents for consistency
Democracy has three institutions:

 LEGISLATUTURE
Independence of the Judiciary
 EXECUTIVE
The Judiciary operates free from interference by the
Legislature and Executive to uphold justice impartially.
JUDICIARY Judges have security of tenure, and their salaries and
conditions of service are protected by the Constitution.
SYSYTEMS OF LAW
Derived from the interpretation of the Quran and
practiced in countries where Muslims are in majority.

ISLAMIC LAW

COMMON LAW Derived from English law ,is prevalent in countries


which were under British influence.
CIVIL OR CODE LAW

MARXIST LAW

Derived from Roman law, practiced in


Germany,Japan,France,and non-Marxist and non-
Which has takers in Marxist countries. Islamic countries.
ISLAMIC LAW

MAIN POINTS:
o Islam means ‘submission’ or ‘surrender’ to the will of God.
o Prophet Mohammad provided Sharia (God’s commandments).
o From Philippines to former Soviet Union.
o Western nation – law as an expression of the will of the people acting through their legislature
o Islam – Islamic law is a product of divine revelation.
o Prohibition of paying or receiving interest.
o Islamic law of contracts – transaction should be devoid of riba.
o Advocated – risk sharing, property rights, individual rights and duties and sanctity of contracts.
o Prohibited – investment in alcohol,gambling,casinos etc.
o Rely on - leasing arrangements rather than borrowing money.
o Islamic banking – Iran (banks charge upfront fee)
SOCIALIST LAW

MAIN POINTS:
o Evolve from Marxist socialist system.
o Soviet unoin,China,Vietnam,North Korea, Cuba
o Extensive codes are the primary source of socialist laws.
o Socialist legal code coded are design to achieve personal and societal transformation.
o Communist ideology – each gives according to his or her abilities and takes according to his her needs.
o State ownership of the means of production and distribution.
o Centralized planning.
o Issues – state’s rights,freedom,rights of property owners,taxation,price control etc.
COMMON LAWS/ CASE LAWS

MAIN POINTS:
o The USA, the UK,India,Canada,Australia,Hong Kong, New Zealand,Malaysia,Norway.
o Origin in England - collapse of feudal system.
o Conquest of England (1066) by William the Conqueror – Duke of Normandy – established a legal system and
developed the common law. (COURTS OF EQUITY)
o Legal system that is largely formed by the decisions previously made by courts and not imposed by legislature or
government officials.
o Thrives on precedential weight (STARE DECISIS).
o “MATTER OF FIRST IMPRESSION” – judges have authority and duty to make or revise law by creating a
precedent.
o Commercial transactions – lawful or unlawful – stare decisis.
CIVIL LAW/CIVILIAN LAW

MAIN POINTS:
o All the laws are written in a collection,codified,and not (as a common law) co-created by judges.
o Hammurabi ,a Babylonian king enacted the first civil law in the 17 th century.
o Modern civil law is based on Justinian (Byzantine empire) code (1529) and the Napoleonic code.
o Napoleon Bonaparte (1804) ,emperor of France, established a civil code based on Roman model.
o French revolution – changes in law.
DIFFERENCE BETWEEN COMMON LAW AND CIVIL LAW
o Intellectual property rights
 COMMON LAW system – ownership is established by usage.
 CIVIL LAW system – ownership is determined by registration.
o Role of judges and lawyers
 COMMON LAW system - Judges serves as a neutral refrence,defining points of law and ruling on
various motions put forth by the opposite party’s lawyers.
 CIVIL LAW system –-the judges take on many of the tasks of the lawyers, for example,
determining the scope of evidence to be collected and presented to the court.
o Qualification of judges
 COMMON LAW system - Experienced lawyers are appointed as judges.
 CIVIL LAW system - Career judge act as arbitrator.
COMPARATIVE LAW

A MANAGER IN FOREGN ASSIGNMENT

Legal system prevalent in different courtiers.

 Business women in Nigeria sentenced to death for selling oil without a licence.
 In China, sentencing for drug trafficking could include capital punishment.
FUNDAMENTAL RIGHTS

• The Fundamental Rights are


defined as the basic human rights
of all citizens. • Fundamental Rights in India are enshrined in
Part III of the Constitution, spanning Articles
• These rights, defined in the 12 to 35.
Constitution, apply irrespective of
• They are designed to guarantee civil liberties
race, place of birth, religion, caste, to all individuals and promote the ideal of
creed or gender. equality, freedom, and justice, crucial to
maintaining a democratic society.
• They are enforceable by the courts,
subject to specific restrictions.

Friday, December 26, 2025 BE 92


There are SIX fundamental rights

1. RIGHT TO EQUALITY

2. RIGHT TO PARTICULAR FREEDOM

3. RIGHT AGAINST EXPLOITATION

4. RIGHT TO FREEDOM OF RELIGION

5. CULTURAL AND EDUCATIONAL RIGHT

6. RIGHT TO CONSTITUTIONAL REMEDY

Friday, December 26, 2025 BE 93


(Articles 14-18): This right ensures equality before the law and equal
protection of laws, prohibiting discrimination on grounds of religion, race,
caste, sex, or place of birth. It also abolishes untouchability and titles,
establishing the principle of equal opportunity in public employment.

There are SIX fundamental rights


 Article 14 guarantees equality before law as well as
1. RIGHT TO EQUALITY
equal protection of the law to all persons within
2. RIGHT TO PARTICULAR FREEDOM the territory of India
 Article 15 prohibits discrimination on the grounds
3. RIGHT AGAINST EXPLOITATION
only of religion, race, caste, sex, place of birth, or
4. RIGHT TO FREEDOM OF RELIGION
any of them.
5. CULTURAL AND EDUCATIONAL RIGHT

6. RIGHT TO CONSTITUTIONAL REMEDY

Friday, December 26, 2025 BE 94


There are SIX fundamental rights
 Article 16 guarantees equality of opportunity in
1. RIGHT TO EQUALITY matters of public employment.
 Articles 17–18 which collectively further the
2. RIGHT TO PARTICULAR FREEDOM
philosophy of social equality.
3. RIGHT AGAINST EXPLOITATION  The practice of untouchability has been declared an
offence punishable by law under Article 17, and the
4. RIGHT TO FREEDOM OF RELIGION
Protection of Civil Rights Act, 1955.
5. CULTURAL AND EDUCATIONAL RIGHT  Article 18 prohibits the State from conferring any

6. RIGHT TO CONSTITUTIONAL REMEDY titles other than military or academic distinctions, and
the citizens of India cannot accept titles from a
foreign state.

Friday, December 26, 2025 BE 95


(Articles 19-22): This includes various freedoms such as speech
and expression, assembly, association, movement, residence,
and profession. It also provides protection in respect of
conviction for offenses, protection of life and personal liberty,
and safeguards against arbitrary arrest and detention.

There are SIX fundamental rights  Article 19 guarantees six freedoms in the nature

1. RIGHT TO EQUALITY of civil rights, include the


 Freedom of speech and expression
2. RIGHT TO  Freedom of assembly
PARTICULAR  Freedom of association without arms
 Freedom of movement throughout the territory
FREEDOM
of india.
3. RIGHT AGAINST EXPLOITATION

4. RIGHT TO FREEDOM OF RELIGION

5. CULTURAL AND EDUCATIONAL RIGHT

6. RIGHT TO CONSTITUTIONAL REMEDY


Friday, December 26, 2025 BE 96
There are SIX fundamental rights
 Freedom to reside and settle in any part of the
1. RIGHT TO EQUALITY
country of india
2. RIGHT TO  Freedom to practice any profession
PARTICULAR  To be restricted, and include national security,
public order, decency and morality, contempt of
FREEDOM
court, incitement to offences, and defamation.
3. RIGHT AGAINST EXPLOITATION

4. RIGHT TO FREEDOM OF RELIGION

5. CULTURAL AND EDUCATIONAL RIGHT

6. RIGHT TO CONSTITUTIONAL REMEDY


Friday, December 26, 2025 BE 97
(Articles 23-24): This prohibits human trafficking,
forced labor, and the employment of children in
hazardous environments, ensuring protection from
exploitation and abuse.
There are SIX fundamental rights

1. RIGHT TO EQUALITY 
Article 23 provides prohibition for
human trafficking, making it an offence
2. RIGHT TO PARTICULAR FREEDOM punishable by law, and also prohibits
forced labor

3. RIGHT AGAINST EXPLOITATIONThe 1976
Bonded Labour system (Abolition) Act,

 Child Labour (Prohibition and Regulation)


4. RIGHT TO FREEDOM OF RELIGION Act, 1986,prohibits child labour below the
age of 14 years
5. CULTURAL AND EDUCATIONAL RIGHT

6. RIGHT TO CONSTITUTIONAL REMEDY

Friday, December 26, 2025 BE 98


(Articles 25-28): This guarantees freedom of conscience
and the right to freely profess, practice, and propagate
religion. It also provides for freedom from religious
instruction in certain educational institutions.

There are SIX fundamental rights  Article 25 guarantees all persons the
freedom of conscience and the right to preach,
1. RIGHT TO EQUALITY practice and propagate any religion of their
choice.
2. RIGHT TO PARTICULAR FREEDOM  This right is, however, subject to public order,
morality and health, and the power of the State
3. RIGHT AGAINST EXPLOITATION to take measures for social welfare and reform.

4. RIGHT TO FREEDOM OF  The right to propagate, however, does not


include the right to convert another individual,
RELIGION since it would amount to an infringement of the
other's right to freedom of conscience.
5. CULTURAL AND EDUCATIONAL RIGHT

6. RIGHT TO CONSTITUTIONAL REMEDY

Friday, December 26, 2025 BE 99


Growing up in the Wild Wild Country cult: ‘You
heard people having sex all the time, like baboons’

[Link]
noa-maxwell-bhagwan-shree-rajneesh-commune-childhood
(Articles 29-30): These rights protect the cultural and
educational interests of minorities, allowing them to
preserve their culture, language, and script and to establish
and administer educational institutions of their choice.

There are SIX fundamental rights  Article 29 grants any section of citizens
having a distinct language, script ,culture of
1. RIGHT TO EQUALITY its own, the right to conserve and develop
the same, and thus safeguards the rights of
minorities by preventing the State from
2. RIGHT TO PARTICULAR FREEDOM
imposing any external culture on them
3. RIGHT AGAINST EXPLOITATION  Article 30 confers upon all religious and
linguistic minorities the right to set up and
4. RIGHT TO FREEDOM OF RELIGION administer educational institutions

5. CULTURAL AND
EDUCATIONAL RIGHT
6. RIGHT TO CONSTITUTIONAL REMEDY

Friday, December 26, 2025 BE 101


There are SIX fundamental rights

1. RIGHT TO EQUALITY

2. RIGHT TO PARTICULAR FREEDOM


Known as the "heart and
3. RIGHT AGAINST EXPLOITATION
soul" of the Constitution (as described by Dr.
B.R. Ambedkar), this right allows individuals to
approach the Supreme Court or High Courts for the
4. RIGHT TO FREEDOM OF RELIGION enforcement of other Fundamental Rights through
various writs like habeas corpus, mandamus,
5. CULTURAL AND EDUCATIONAL RIGHT prohibition, quo warranto, and certiorari.

6. RIGHT TO
CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 102
There are SIX fundamental rights
Habeas Corpus is a Latin term meaning
1. RIGHT TO EQUALITY "you shall have the body." It is a fundamental legal
principle and one of the important writs issued by
courts to ensure personal liberty and prevent
2. RIGHT TO PARTICULAR FREEDOM
unlawful detention. In the context of Indian law,
habeas corpus is a constitutional remedy provided
3. RIGHT AGAINST EXPLOITATION under Article 32 and Article 226.

4. RIGHT TO FREEDOM OF RELIGION It requires an authority holding someone in custody


to present the detained person before the court
5. CULTURAL AND EDUCATIONAL RIGHT and justify the detention. If the detention is found
to be unlawful, the court orders the person’s
6. RIGHT TO release, ensuring protection against illegal
imprisonment.
CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 103
There are SIX fundamental rights Mandamus is a Latin term meaning "we
command." It is a writ issued by a court to a public
1. RIGHT TO EQUALITY official, government body, or lower court, directing
them to perform a duty that they are legally
2. RIGHT TO PARTICULAR FREEDOM obligated to carry out. It ensures that authorities
fulfill their responsibilities as required by law.
Mandamus cannot be issued for discretionary
3. RIGHT AGAINST EXPLOITATION
duties but only for duties that are mandatory and
clearly defined.
4. RIGHT TO FREEDOM OF RELIGION
An example of mandamus is when a court orders a
5. CULTURAL AND EDUCATIONAL RIGHT government official to grant a license or permit that
they are legally obligated to issue but have
6. RIGHT TO unlawfully refused or delayed. Another example is
when a court instructs a municipal authority to
CONSTITUTIONAL fulfill its duty, such as maintaining public roads or
providing essential public services, if they have
REMEDY failed to do so despite a clear legal obligation.

Friday, December 26, 2025 BE 104


There are SIX fundamental rights
Prohibition is a writ issued by a higher court to
a lower court or tribunal, preventing it from
1. RIGHT TO EQUALITY continuing with proceedings that exceed its
jurisdiction or violate legal procedures. The purpose
2. RIGHT TO PARTICULAR FREEDOM of this writ is to stop the lower authority from
making a decision that it is not legally authorized to
3. RIGHT AGAINST EXPLOITATION make.

4. RIGHT TO FREEDOM OF RELIGION For example, if a lower court is about to hear a case
that falls outside its jurisdiction, a higher court can
5. CULTURAL AND EDUCATIONAL RIGHT issue a writ of prohibition to prevent the lower
court from proceeding. This ensures that legal
boundaries are respected and that cases are
6. RIGHT TO handled by the appropriate authorities.
CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 105
There are SIX fundamental rights
Quo Warranto is a Latin term meaning "by
1. RIGHT TO EQUALITY what authority." It is a writ issued by a court to
challenge the legality of a person’s claim to hold a
2. RIGHT TO PARTICULAR FREEDOM public office. The purpose of quo warranto is to
prevent individuals from unlawfully occupying
3. RIGHT AGAINST EXPLOITATION public positions. If a person is found to be holding
an office without legal authority, the court can
order their removal.
4. RIGHT TO FREEDOM OF RELIGION
For example, if someone is appointed to a
5. CULTURAL AND EDUCATIONAL RIGHT government position without meeting the
necessary qualifications, a quo warranto writ can
6. RIGHT TO be filed to challenge and question their right to
hold that office.
CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 106
There are SIX fundamental rights
Certiorari is a writ issued by a higher court to
1. RIGHT TO EQUALITY review the decision or proceedings of a lower court
or tribunal. It is used to ensure that the lower court
2. RIGHT TO PARTICULAR FREEDOM has acted within its jurisdiction and followed the
correct legal procedures. If the higher court finds
3. RIGHT AGAINST EXPLOITATION that there were errors in the decision-making
process or that the lower court acted beyond its
authority, it can quash or annul the judgment.
4. RIGHT TO FREEDOM OF RELIGION
For example, if a lower court's ruling is challenged
5. CULTURAL AND EDUCATIONAL RIGHT because of procedural irregularities or jurisdictional
overreach, the higher court can issue certiorari to
6. RIGHT TO review and possibly overturn that ruling.

CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 107
• These rights are justiciable, meaning individuals can
seek judicial intervention if they are violated.

• However, they are subject to reasonable restrictions in the


interest of sovereignty, public order, morality, and national
security, ensuring a balance between individual freedoms
and societal needs.
DIRECTIVE PRINCIPLES OF STATE POLICY

• The Directive Principles of State Policy are guidelines for the framing of laws by the
government.

• These provisions are not enforceable by the courts.

• They serve to emphasize the welfare state model of the Constitution and emphasize the
positive duty of the State to promote the welfare of the people by affirming social, economic
and political justice, as well as to fight income inequality and ensure individual dignity.

Friday, December 26, 2025 BE 109


 Article 39 -principles of policy to be followed by the State, including providing an adequate
means of livelihood for all citizens, equal pay for equal work for men and women, proper working
conditions, reduction of the concentration of wealth and means of production from the hands of
a few, and distribution of community resources.

 Articles 41–43 -State to endeavour to secure to all citizens the right to work, a living wage,
social security, maternity relief, and a decent standard of living

Friday, December 26, 2025 BE 110


 Article 44 -State to secure a uniform civil code for all citizens, by eliminating discrepancies
between various personal laws currently in force in the country.

 Article 45 -State to provide free and compulsory education to children between the ages of six
and fourteen years (the 86th Amendment in 2002, this has been converted into a Fundamental
Right)

RIGHT TO EDUCATION

Friday, December 26, 2025 BE 111


 Article 47 -State to raise the standard of living and improve public health, and prohibit
the consumption of intoxicating drinks and drugs injurious to health.

 Article 48 –To organise agriculture and animal husbandry on modern and scientific lines
by improving breeds and prohibiting slaughter of cattle.

 Article 49 -State to ensure the preservation of monuments and objects of national


importance.

Friday, December 26, 2025 BE 112


 Article 50 -State to ensure the separation of judiciary from executive in public services,
in order to ensure judicial independence.

 Article 51-for the promotion of international peace and security

Friday, December 26, 2025 BE 113


FUNDAMENTAL DUTIES

• The Fundamental Duties are defined as the moral obligations of all citizens to help promote
a spirit of patriotism and to uphold the unity of India.
• Like the Directive Principles, they are not legally enforceable.

Friday, December 26, 2025 BE 114


1. To respect the national symbols of India. FUNDAMENTAL DUTIES
2. To respect the Constitution.
3. To cherish its heritage.
4. To preserve its composite culture.
5. To assist in its defense.
6. To promote the spirit of common brotherhood.
7. To protect the environment and public property.
8. To develop scientific temper.
9. To abjure violence.
10. To strive towards excellence in all spheres of life.
11. To provide opportunities for education.

By the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child
or ward was provided opportunities for education between the ages of six and fourteen years - Now RTE Act.

Friday, December 26, 2025 BE 115


POLITICAL RISK

High risk countries

Yogoslavia,Turkey,Iraq,Algeria,Sudan,Nigeria,Afghanistan,Somalia,Congo,Angola
,Indonesia etc.

Low risk countries

the US,Canada,Denmark,Australia,West European countries.

GMR GROUP OF INDUSTRIES in Maldives.

KARUTURI GLOBAL LIMITED in Ethiopia.

SAHARA MINING in Mali.


• Ren Zhengfei (Founder of Huawei)
RECENT POLITICAL CRISIS
Canadian authorities arrested Meng Wanzhou, the vice chairman
and top financial officer of Huawei Technologies Co., one of China’s
USA – CHINA – TRADE WAR biggest tech companies.
TYPES OF POLITICAL RISK

MACRO RISKS Cont..

  Inflation,recession,currency devaluation.
Expropriation of corporate assets without
 Politically motivated debt default ,renegotiating or
prompt and adequate compensation.
 Barriers to repatriation od profits. rescheduling.

  Indigenization requirements.
Los of technology or other intellectual
 Neutral calamities.
properties.
  Long term slowdown of the economy.
Campaigns against and boycott of foreign
 Strikes and labor disputes.
goods.
  Poverty.
Mandatory labor laws.
 Protectionist measures.
 Civil wars and wars between countries.
TYPES OF POLITICAL RISK

India (1975) – reduced Foreign equity to 40%.

Peru – nationalized copper mines.


MICRO RISKS
US – tax on textile imports.
 Kidnapping,ransom,terrorism.
 Official dishonesty. Belgrade (Sebia) (1997)– NATO attacked Chinese
embassy.
 Increase taxation.
 Caps on FDI. Retaliation – Chinese attacked KFC store (but not Pizza
Hut store)
RISK ASSESMENT

 THE USE OF EXPERTS OR CONSULTANTS

 THE DEVELOPMENT OF INTERNAL STAFF AND IN-HOUSE CAPABILITIES


MANAGING POLITICAL RISK

DIRECT INDIRECT

 Host operation depends upon home  Risk insurance


REACTI control
VE  Home country government pressuring
 Diversification host country agreement

 Joint ventures
 Lobbying home and host governments
PROAC
 Licensing agreements
TIVE  Corporate citizenship in host country
 Promote host goods
STRATEGIES OF MANAGING RISKS

 AVOIDING INVESTMENT UNOCOL (US oil company) & TOTAL (French)


–in Myanmar
 ADAPTATION

 LOCAL EQUITY AND DEBT


State sponsored/ State owned:
 DEVELOPMENTAL ASSISTANCE The Overseas Private Investment Corporation
(OPIC) – insures US overseas investment
 LOCALISATION against nationalization, revolutions and
foreign exchange convertibility.
 INSURANCE The Multilateral Investment Guarantee Agency
(MIGA) – subsidiary of World Bank – insurance
 THREAT against political risks.

 LOBBYING INDIA - ICICI Lombard, Bajaj Allianz General


Insurance, National Insurance, TATA AIG
 TERRORISM CONSULTANT General Insurance
World's luxury brands count costs of Hong Kong protests
[Link]
Shahbaz Sharif
Prime Minister of Pakistan

THANK
YOU
[Link]
DR MD S AIFULL AH KHALID
7533807620

Saif.kh92@[Link]

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