One of the most important functions of a constitution is to set some limits on the rulers. These limits are fundamental in the sense that the rulers may never trespass them. Constitutions limit the power of the government in many ways. The most common way of limiting the power of government is to specify certain fundamental rights. Citizens will normally have some basic rights of liberties: the right to freedom of speech, freedom of conscience, freedom of association, freedom to conduct a trade or business, etc. These freedoms of the people could not be checked by the government. But during the national emergency or in national interest these rights may be withdrawn. The rulers or the government can impose some limitations on its citizens. There can’t be any constitution that gives no power to its people. In a monarchical constitution, a monarch decides but in democratic constitutions, the people get to decide. The public mandate is necessary to enact the policies for the rulers. In a dictatorship also the ruler has to get the support of the people to cling to the power as in the case of Pakistan, where General Musharraf conducted periodic ‘referendum’ to justify his hold on power. So it is not possible for a constitution to exist that gives no power at all to the citizens.

The second purpose of establishing a bicameral legislature was to provide an institutional opportunity for second thoughts and a wiser counsel even after the passage of a bill by the Lok Sabha. This largely depends on the party composition in both the Houses.

The prime minister is the senior-most member of cabinet in the executive of government in a parliamentary system. The prime minister selects and can dismiss members of the cabinet; allocates posts to members within the government; and is the presiding member and chairperson of the cabinet.

Write any four

(i) We the people of India:  The Constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a King or any outside powers.

 (ii) Sovereign:  People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.

 (iii) Socialist:  Wealth is generated socially and should be shared equally by the society. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.

 (iv) Secular:  Citizens have complete freedom to follow any religion. But there is no official religion. Government treats all religious beliefs and practices with equal respect.

(v) Democratic:  A form of government where people enjoy equal political rights, elect their rulers and hold them accountable.

(vi) Republic:  The head of the state is an elected person and its not a hereditary position.

 (vii) Justice:  Citizens cannot be discriminated on the grounds of caste, religion and gender. Social inequalities have to be reduced. Government should work for the welfare of all, especially for the disadvantaged groups.

 (viii) Liberty:  There are no unreasonable restrictions on the citizens about what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in actions.

(ix) Equality:  All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all.

(x) Fraternity:  All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.

Individual freedom
• The first point to note about the Constitution is its commitment to individual freedom.

• Remember Rammohan Roy protested against curtailment of the freedom of the press by the

British colonial state.

• It is not surprising therefore that freedom of expression is an integral part of the Indian Constitution. So is the freedom from arbitrary arrest.

• The infamous Rowlatt Act, which the national movement opposed so vehemently, sought to deny this basic freedom.

Social Justice

Classical liberalism always privileges rights of the individuals over demands of social justice and community values.

The liberalism of the Indian Constitution differs from this version in two ways.

• First, it was always linked to social justice. The best example of this is the provision for

reservations for Scheduled Castes and Scheduled Tribes in the Constitution. The makers of the Constitution believed that the mere granting of the right to equality was not enough to overcome age-old injustices suffered by these groups or to give real meaning to their right to vote.

• Special constitutional measures were required to advance their interests. Therefore the constitution makers provided a number of special measures to protect the interests of Scheduled Castes and Scheduled Tribes such as the reservation of seats in legislatures. The Constitution also made it possible for the government to reserve public sector jobs for these

groups.

Respect for diversity and minority rights

• The Indian Constitution encourages equal respect between communities.

• This was not easy in our country, first because communities do not always have a relationship of

equality; they tend to have hierarchical relationships with one another (as in the case of caste).

• Second, when these communities do see each other as equals, they also tend to become rivals (as

in the case of religious communities).

• It was important to ensure that no one community systematically dominates others. This made

it mandatory for our Constitution to recognize community based rights.

• One such right is the right of religious communities to establish and run their own educational institutions.

• Such institutions may receive money from the government. This provision shows that the Indian

Constitution does not see religion merely as a private matter concerning the individual.

Secularism

• The term secular was not initially mentioned; the Indian Constitution has always been secular.

• The mainstream, western conception, of secularism means mutual exclusion of state and religion

in order to protect values such as individual freedom and citizenship rights of individuals.

• The term mutual exclusion means this: both religion and state must stay away from the internal affairs of one another. The state must not intervene in the domain of religion; religion likewise should not dictate state policy or influence the conduct of the state. In other words,

mutual exclusion means that religion and state must be strictly separated.

• To protect religious freedom of individuals, therefore, state must not help religious

organizations. But at the same time, state should not tell religious organisations how to manage their affairs.

Rights of Religious Groups
• The Indian Constitution grants rights to all religious communities such as the right to establish and maintain their educational institutions. Freedom of religion in India means the freedom of religion of both individuals and communities.

State's Power of Intervention
• The state simply had to interfere in the affairs of religion.

• The state could also help religious communities by giving aid to educational institutions run by them.

• The state may help or hinder religious communities depending on which mode of action promotes values such as freedom and equality.

Procedure for the Amendment of the Indian Constitution:

1. Amendment by simple majority: The Indian Parliament has the power to amend some of the provisions of the Constitution by its own initiative or by the initiatives of some of the Legislative Assemblies of the States. Amendment in the following cases can be made by simple majority in the Parliament:

(a) Matter related to Article 3 of the Constitution whereby a new State is formed or change in the name of boundary of the State is proposed. These matters can be carried out by simple majority of both the Houses of Parliament. But such a legislation will be put before the Parliament only on the desire of the President who will consult the related states on the amendment before putting such a legislation before the Parliament. The State Reorganisation Act of 1956 was carried out by means of this Article. Afterwards many new States were formed or the name boundaries of old States were changed.

(b) Matter related to Article 169 on the formation or abolition of the second chamber or the Legislative Council of states can be decided by simple majority by the Parliament after fulfilling certain formalities.

(c) Amendment on matters related to Article 240 on the good administration of the centrally administered territories can be made by simple majority.

2. Amendment by a special majority in the Parliament: The process of amending the Constitution is given in Article 368. The article or subjects which are not given in this Article, can be amended by the Parliament alone with a special majority. The Bill for such an amendment may be introduced in any of the two Houses. If both the Houses pass it with absolute majority or 2/3 majority of the members present and voting, it will be sent to the President. The Constitution will stand amended on that point, when the Bill is signed by the President. All the subjects which are not mentioned in the first list of the amendment and as well as the third list of the amendment can be amended through this procedure.

3. Amendment by a special majority in Parliament alongwith the consent of the States: If an amendment is concerned with the article and the subjects given in Article 368, it must be approved by one-fourths of the State Assemblies after being passed by both the Houses with absolute majority or 2/3 majority of the members present and voting. The amendment will come into force after being signed by the President. The subjects given in Article 368 are as follows:

(a) Election of the President,

(b) Removal of the President,

(c) Extent of the executive power of the Union,

(d) Extent of executive power of the States,

(e) High Court for Union Territories,

(f) Union Judiciary,

(g) The High Courts in the states,

(h) Legislative relations between the Centre and States,

(i) Lists of the VII Schedule,

(j)The representation of States in Parliament, and

(k) Article 368 itself.

In India, like most other democracies in the world, some rights are mentioned in the Constitution. These rights are fundamental to our life and are given a special status. They are called Fundamental Rights. It talks about securing for all its citizens equality, liberty and justice. Fundamental Rights are an important basic feature of the Indian Constitution. These are preserved in the Part III of the Constitution. Importance' of Fundamental Rights: 
(i) Fundamental Rights create a feeling of security amongst the minorities in the country. 
(ii) No democracy can function in the absence of basic rights such as freedom of speech and expression. 
(iii) Fundamental Rights grant the standards of conduct, citizenship, justice and fair play. They act as a check on the government.
 

The term bureaucracy may refer both to a body of non-elected governing officials and to an administrative policy-making group. Historically, a bureaucracy was a government administration managed by departments staffed with non-elected officials. Today, bureaucracy is the administrative system governing any large institution, whether publicly owned or privately owned. The public administration in many jurisdictions and sub-jurisdictions exemplifies bureaucracy, but so does the centralized hierarchical structure of a business firm.

Bureaucracy in a political theory is mainly[quantify] a centralized form of management and tends to be differentiated from adhocracy, in which management tends more to decentralization.

Various commentators have noted the necessity of bureaucracies in modern society. The German sociologist Max Weber (1864-1920) argued that bureaucracy constitutes the most efficient and rational way in which human activity can be organized and that systematic processes and organized hierarchies are necessary to maintain order, to maximize efficiency, and to eliminate favoritism. On the other hand, Weber also saw unfettered bureaucracy as a threat to individual freedom, with the potential of trapping individuals in an impersonal "iron cage" of rule-based, rational control.