Identify any two sources of the Indian Constitution. Describe in brief the provisions which have been taken from these sources.

Indian Constitution was framed by the Constituent Assembly which was elected in 1946. All the members of this Assembly were Indians who represented all the political parties, though Congress Party was in majority. There was no restriction on the powers of the Assembly and it was authorised to enact any type of Constitutionit liked. The Constitution has been framed after thoughtful consideration which exhibits and fulfilsthe ideals, aspirations, values, wishes and requirements of the Indian people.

Main Sources of Indian Constitution—1. The Government of India Act, 1935: Indian Constitution is mainly based on the Government of India Act, 1935. This Act had accepted many of the demands of the Indian National Congress i.e., provincial autonomy, parliamentary system, federal system, federalcourt, etc. When we got freedom we were accustomed of the administrative set up under this Act and we changed the provisions of the Act according to our requirement and suitability in the new Constitution. Thus about two-thirds of Indian Constitution is derived from the Act of 1935.

2. British Constitution: Many of the provisions of the Constitution have been taken from the British Constitution. Parliamentary system is on British pattern except that in India, we have opted for a President as Head of the State, not a king. Our procedure of law making, single citizenship, single integrated judiciary are based on British Constitution. Thus British Constitution is also a big source of Indian Constitution.

3. American Constitution: Idea of Preamble to the Constitution was derived from the American Constitution. Declaration of Fundamental Rights in the Constitution, provision of Judicial Review are also derived from the American Constitution. Preamble to the Indian Constitution and the position of Indian Supreme Court, and those of American Constitution are similar.

4. Constitution of Canada: Our Federal structure is similar to that of Canada. Like Canadian Constitution, we have a more powerful centre than the states and have given residuary powers to the Central Government. Our federal system is not based on American pattern.

5. Constitution of Ireland: Constitution of Ireland had provided for the guidelines to the states. This inspired the makers of the Indian Constitution and they have included the Directive Principles of the State Policy in the Constitution.

6. German Constitution: The makers of the Constitution were inspired by the Weimer Constitution regarding the emergency provisions and they armed the Indian President with emergency powers to face external and internal emergencies.
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What are the provisions for social justice in Indian Constitution?

I. Introduction: In Indian society deepand persistent divisions exist between those who enjoy greater wealth and property, and the power which goes with such ownership, and those who are excluded and deprived. In short we can say that social justice is lacking in Indian society.

II Justice Demands: Justice does not require absolute equality and sameness in the way which people live. But a society would be considered unjust if the differences between rich and poor are so great that they seem to be living in different worlds altogether and if they relatively deprived have no chance at all to improve their condition, however, they may work. In other words, a just society should provide people with the basic minimum conditions to enable them to live healthy and secure lives and develop their talents as well as equal opportunities to pursue their chosen goals in the society.

III. Provisions made to end social injustice in India: 1. The Constitution of India has declared the wrong practice of untouchability and caste discrimination of any kind is illegal.

2. The state is supposed to provide equal opportunities for all citizens of India in matter of education or employment.

3. No one can be prevented from using public facilities like wells, water-tanks, or denied entry into temples, hotels, cinema halls, any restaurants on the gound of caste or religion.

4. The Preamble to the constitution of India, Directive Principles of State Policy, Fundamental Rights and some specific sections in the Constitution of India are a proof of the commitment of the state to its people.

5.India is a welfare state committed to the welfare and development of its people in generaland to the development of the weaker sections in particular.
    

6. Our Constitution has given special privileges to tribals (Scheduled Tribes), Scheduled castes, other Backward castes and also to women, socially and economically weaker peoples of minorities also. Seats are reserved for differen tweak and backward people in Panchayats, state legislative assemblies, Parliament and in government jobs as well as in educational institutions for their quick progress and speedly development.
125 Views

Write a note on the Constituent Assembly.

(1) The Indian Constitution was made by a Constituent Assembly which had been elected for undivided India.

(2) It held its first sitting on 9 December, 1946 and reassembled on 14 August 1947. Its members were elected by in direct election by the members of the Provisional Legislative Assemblies that had been established in 1935.

(3) It was composed roughly along the lines suggested by the Cabinet Mission. After the partition those members who were elected from territories which fell under Pakistan ceased to be the members of the Constituent Assembly. The numbers in the Assembly were reduced to 299 of which 284 were actually present on 26 November1949 and appended their signature to the Constitution as finally passed.

(4) Although the members of the Assembly were not elected by universal suffrage, there was a serious attempt to make the Assembly are presentative body. 26 members were from scheduled classes. Members of all religions were given representation.
    

In terms of political parties the Congress occupied eighty percent seats in the Assembly. Congress itself was a party which had managed to accommodate almost all shades of opinion within it. The Assembly met for one hundred and sixty six days, spread over two years, eleven months and eighteen days. Its sessions were open to the press and the public alike.
1107 Views

What do you know about the Philosophy of the Indian Constitution? Discuss.

The Philosophy of the Indian Constitution:

(1) Carefully study of the preamble to the Constitution of India makes it quite clear that the framers of our country's constitution were not only conscious to frame it for the governance of the country but they were greatly concerned to express their vision for a new society and polity.

(2) No doubt, there were differences of opinion among the members of the Constituent Assembly while debating upon the high ideals aims and objectives of the Constitution. But ultimately they reached a consensus. It is that element of consensus among the founding-fathers of constitution which reflected in the Preamble of the Constitution.

(3) Looking at the Preamble to the Constitution, we feel that it has attempted to seta goal provide a vision and direction in building a new social order which is not only democratic but also equal and just. It is a vision which is humanistic, democratic, secular and socialist.

(4) The Philosophy of the Constitution of India also aim at the projecting fundamental rights and civil liberties of the Indian citizens.

Thus we may say that the Indian Constitutionis based on the Philosophy of liberal-welfare-democratic society. As these ideals and values ofthe Indian state finds a place in the preamble, we may that the philosophy of the Constitution finds its expression in the Preamble to the Constitution.
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Differentiate between Parliamentary and Presidential Form of Government.


Differences between Parliamentary and Presidential form of Government are:

Differentiate between Parliamentary and Presidential Form of Government.
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