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NCERT polity class 11

Chapter 1
 Aggrandizement
 Parchment
 What would be the content of some basic rules in society,
such that they gave everyone a reason to go along with them?
 The Indian Constitution, for example, horizontally fragments
power across different institutions like the
 Legislature, Executive and the Judiciary and even
independent statutory bodies like the Election Commission.
This ensures that even if one institution wants to subvert the
Constitution, others can check its transgressions. An
intelligent system of checks and balances has facilitated the
success of the Indian Constitution.
 Successful constitutions strike the right balance between
preserving core values and adapting them to new
circumstances.
 Subvert
 The idea of a Constituent Assembly had come to prevail
largely as an article of faith in almost all the politically-minded
classes in the country-Dr.Rajendra Prasad
 Horrendous
 The best summary of the principles that the nationalist
movement brought to the Constituent Assembly is the
Objectives Resolution (the resolution that defined the aims
of the Assembly) moved by Nehru in 1946. This resolution
encapsulated the aspirations and values behind the
Constitution.
 The basic principle is that government must be democratic
and committed to the welfare of the people.
 Parochial

Chapter 2
 Constitution is a document that sets limits on the powers of
the government and ensures a democratic system in which all
persons enjoy certain rights.
 It is often a practice in most democratic countries to list the
rights of the citizens in the constitution itself. Such a list of
rights mentioned and protected by the constitution is called
the ‘bill of rights’. A bill of rights prohibits government from
thus acting against the rights of the individuals and ensures a
remedy in case there is violation of these rights.
 Fundamental rights 12-35
Article 12-Definition
13- Power of fundamental right
Right to Equality 14, 15, 16, 17, 18
Right to Freedom 19, 20, 21, 21A, 22
Right against Exploitation 23, 24
Right to freedom of Religion 25, 26, 27, 28
Cultural and Educational rights 29, 30
Right to constitutional Remedies 32, 33, 34, 35
 Reservations: Article 16(4) right to equality of opportunities.
 Right to constitutional remedies – Heart and soul of
constitution – Dr. B. R. Ambedkar
 C-Certiorari- when higher court askes lower
court/authority to transfer case to higher authority/court
 P-Prohibition- issued by higher court when lower court
consider case going out of its juridiction.
 M-Mandamus- When particular office holder is not doing
legal duty and he is infringing on the rights of an iduvidual.
 H-Habeas Corpus-arrested person should be presented
before court. Court can set this person free if it feels the
arrest is illegal.
 Q-Quo warranto- If a person holding an office is not
entitled to hold the office
Directive Principles of state policy:
DPSP are basically considered as a moral force, they are not
legally enforcable, non justicable- part of the constitution
that cant be enforced by the judiciary.
Article 36-51

Chapter3
 Representative form of government: Elections
 Election method in India: First past the post/Plurality
system.
 Elections in Israel: Proportional representation
 In Israel/Netherlands entire country is considered as single
constituency.
 In Argentina and Portugal the country is divided into multi
member constituencies.
 In India, proportional representation is used in election of
President, Vice President, Rajyasabha members and vidhan
sabha members.

Rajyasabha members are elected through PR- Single


transferable voting. Voters are MLAs of the state.
543 loksabha seats
79 SC 41 ST
 Delimitation committee appointed by President and works
along with election commission.
ST- highest proportion of tribal population.
SC- higher proportion of SC population and also these
constituents are spread to different regions of the state.
 1989, 61st amendment of the constitution- voting age
reduced to 18.
 Part 15, article 324(1) gives power to election commission
for the conducting of elections.( superintendence, direction
and control of the electoral roll and the conduct of
elections’ in India)
 CEC and two election commissioners – term 6 years or 65
years.
 Election commissioner is appointed by the president on the
advice of council of ministers.
 Election commissioners can be removed by the president
after recommendation through special majority in the
parliament.

Chapter 4
 Legislature makes policies, rules and regulations.
 Executive implements the rules and regulations.
 Political Executive , Permanent Executive
 Types of executives:
Parliament: Germany, Italy, UK, India
Semi Presidential: France, Russia, Srilanka
Presidential: USA, Brazil, Some Latin American countries
 President in India is elected by MP and MLA including
state assemblies of NCT and Pondicherry.
 Part V of the constitution tells about the union govt.
Articles include 52-62
 Pocket veto
 Vice-president of India is elected by the member of only
parliament.
 Council of ministers should not exceed 15% of total
strength of Loksabha. 91st amendment 2003
 Prerogatives of PM: choosing the ministers and deciding
their ranks and portfolios.
 Permanent executive: Bureaucracy / administrative
machinery
 Bureaucrats are appointed by UPSC, it derives its powers
from 325-323.

Chapter 5
 Articles related to central legislature: 79-122
 Bicameral legislature.
 States with bicameral system- AP, Telangana, Maharastra,
UP,JK,Bihar,Karnataka
 Rajyasabha 245- 12 nominated , 233 states and UT
 Loksabha 545- 530 states, 13 UT, 2 Anglo Indians
 Significant differences: Rajyasabha can’t pass money bills.
 Only Rajyasabha can initiate the impeachment process of
the VP
 State list powers are guarded by the Rajyasabha.
 Council of ministers is responsible to Loksabha not
Rajyasabha.
 Law making is not a legal procedure but a political course
of action.
Chapter 6
 Supreme court related articles 124-147
 High court related articles 214-232
 Subordinate courts 233-237
Appointment of judges: 124A National Judicial
Admissions Committee.
NJAC consists of:
 Chief Justice of SC (ex-officio)
 Two senior judges of supreme court(next to CJI) (ex-
officio)
 Union minister of law and justice (ex-officio)
 Two eminent persons (one belonging to
SC/ST/OBC/minority/women) nominated by the
committee consisting of PM, CJI and opposition leader.
Removal of judges can be done by legislature when it
gets the special majority.
2/3rd votes of the members present in the house at
that moment and voted. Half of the total strength of
the house.(article 368).
Judicial review: regarding fundamental rights and the
federal distribution of powers.
Judicial activism: PIL , SAL from 1979.
Judiciary is the protector of Fundamental right and
also the interpreter of the constitution.

Parliament is supreme in making laws and amending the


Constitution, the executive is supreme in implementing them
while the judiciary is supreme in settling disputes and
deciding whether the laws that have been made are in
accordance with the provisions of the Constitution.
Chapter 7
 India follows quasi federal model.
 Union list, state list, concurrent list.
 If there is contrary between central law and state law on the
concurrent list issues then centre law overrides state law.
 Mains question: Examine whether article 246 is the corner
stone of centre state relations? Discuss whether concurrent
list is creating confusion wrt extent of legislative powers of
centre and the state.
 Strong centre will help in inclusive growth; disintegrate
disparity among different states and builds country as a
whole.
 Centre can make legislation on the matter of state list only
after ratification from the Rajyasabha.
 Parliament can modify the rights through the whole India
under special circumstances mentioned in article 33,34.
 Article 370 J and K special provisions
 Article 371, special provisions for other states ( formed
after constitution adoption)
 Andhra Pradesh 371D ,371 E
Chapter 8
The independence of India should mean the independence
of the whole of India…Independence must begin at the bottom. Thus
every village will be a republic... It follows therefore that every village
has to be self-sustained and capable of managing its affairs. In this
structure composed of innumerable villages, there will be ever widening,
ever-ascending circles. Life will be a pyramid with the apex sustained
by the bottom - Mahatma Gandhi
 Initially in the constitution local bodies( panchayat) was
mentioned in DPSP in article 40.
 Gramsabha>Grampanchayat>Block/intermediate>Zillapari
shad
 Corporators>mayor
 Nagar panchayats
Chapter 9
 As of January 2018 indian constitution has been amended
101 times.
 Amendment of the constitution according to article 368.
 All amendments are initiated in the parliament only.
 President has no power to send back amendment bill for
reconsideration.
 Amendment by the constitution cannot be passed by joint
sitting of parliament. It should be done individually.
 Dr. B. R Ambedkar talks about the consideration of public
opinion in the process of amendments of the bill.
 Provisions related to federal structure and also fundamental
rights, states should ratify the bill.
Chapter 10
 Constitution of India is bound with some moral values.
 Constitution is a source of democratic transformation.

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