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Ask QuestionPosted by Shweta Prajapati 5 years ago
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Posted by Prakriti Gautam 5 years ago
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Meghna Thapar 5 years ago
January 26, 1950 is when the Constitution of India came into effect. The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India. The circumstances that led to 104 formal amendments and hundreds of amendments by interpretation can make one dismal. But Constitution has survived seven decades despite many assaults by Parliament and the judiciary.
Posted by Anuj Sharma 5 years ago
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Gaurav Seth 5 years ago
According to the Constitution, there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President. The total number of ministers, including the Prime Minister in the Council of Ministers shall not exceed 15 % of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.
Posted by . . 5 years ago
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Meghna Thapar 5 years ago
A Bill is the draft of a legislative proposal which has to pass through various stages before it becomes an Act of Parliament. The legislative process starts with the introduction of a Bill in either House of Parliament-Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a Private Member. The legislative process begins with the introduction of a Bill in either House of Parliament, i.e. the Lok Sabha or the Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. In the former case it is known as a Government Bill and in the latter case it is known as a Private Member's Bill.
Posted by Maithili Goswami 5 years ago
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Meghna Thapar 5 years ago
Challenges Faced by the Parliament
Criminalisation of Politics
According to a report by the Association for Democratic Reforms (ADR), the proportion of legislators with criminal cases against them has continuously increased.It stood at 15% in the year 2009 moving to 19% in 2019.
This has impacted the standards of democratic discussions, debate and dissent.
Dominance of Archaic Laws
India is a young nation but it is still ruled by old laws.
For example, the police is governed by such colonial-era statutes as the Police Act of 1861, which predates independence by nearly a century.
The archaic laws are inadequate in addressing contemporary challenges.
Anti-Defection Law
The Anti-defection law (Tenth Schedule of the Constitution) states that the Speaker/Chairman of the legislature is the final authority to decide on the disqualification of a legislator.
However, the role of the presiding officers has become increasingly politicized. Thereby creating doubts over Speaker's role vis-à-vis anti-defection law being biased, as recently seen in the Karnataka political crisis.
Decline of Representative Democracy
As per Anti-defection law, the legislators have to vote as per party whip. Due to this, legislators are compelled to vote on party lines irrespective of their local or regional interest.
This has narrowed scope of democracy dissent and divergent views.
India has first past the post electoral system, which means that candidates winning the highest number of votes gets elected.
This leads to neglect of representation of voters who voted for another candidate.
Also, this system of voting is not suitable for the representation of minorities, raising questions on representation.
Only 14.3% (78) of the total members in the current parliament are women.
All these factors taken together defeat the intended purpose of representative democracy.
Posted by Madhu Ray 5 years ago
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Shreya Kumari 5 years ago
Yogita Ingle 5 years ago
A no-confidence motion can be moved by any member of the House. It can be moved only in the Lok Sabha and not Rajya Sabha. Rule 198 of the Rules of Procedure and conduct of Lok Sabha specifies the procedure for moving a no-confidence motion.
Posted by Madhu Ray 5 years ago
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Meghna Thapar 5 years ago
A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet together, often in a special session or other extraordinary meeting, for a specific purpose. Most often it refers to when both houses of a bicameral legislature sit together. If at the joint sitting of the two Houses, the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed to have been passed by both Houses.
Posted by Madhu Ray 5 years ago
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Gaurav Seth 5 years ago
The independence of judiciary means that other organs of government should not interfere in the functioning and decisions of the judiciary and judiciary can perform its duties without any favour or fear. It enjoys various provisions in constitution to ensure independence of judiciary as follows:
- Parliament has no say in the appointment of judges to avoid politics.
- The judges enjoy a fixed tenure as they hold their office till the age of their retirement and the constitution prescribes very difficult procedure for exceptional cases if required.
- The action and decisions of the judges are immune from personal criticism.
- The salaries and allowances of the judges are not subjected to the approval of the legislature as per the constitution.
- The judiciary can penalise them who are found guilty of the contempt of court.
- The constitution specifically bars the Parliament from discussing the conduct of the judges except the impeachment proceedings.
Posted by Twinkle Bajaj 5 years ago
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Shreya Kumari 5 years ago
Posted by Ashit Bara 5 years ago
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Khushi Chopra 5 years ago
Posted by Ashit Bara 5 years ago
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Milli Maheshwari 5 years ago
Meghna Thapar 5 years ago
Political theory refers to the study of political events and ideas as well as the topics that influence them. This includes the study of law, justice, civil rights, and government. ... The study of political theory is important because it allows us to examine the complex nature of political power. Political theory deals with the ideas and principles that shape Constitutions, governments and social life in a systematic manner. It clarifies the meaning of concepts such as freedom, equality, justice, democracy, secularism and so on.
Posted by Sonali Mondal Minita Mondal 5 years ago
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Posted by Sahil Sharma 5 years ago
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Posted by Maithili Goswami 5 years ago
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Posted by Anoushka Giri 5 years ago
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Shreya Kumari 5 years ago
Posted by A Dhakshina 5 years ago
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Sonali Mondal Minita Mondal 5 years ago
Ayushi Tiwari 5 years ago
Posted by Ritu Sain 4 years, 4 months ago
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Sia ? 4 years, 4 months ago
It is necessary for a country to have a clear demarcation of powers and responsibilities in the constitution because demarcation allows the institutions to work efficiently without any interference or overlapping of power and responsibilities.
Posted by Ritu Sain 5 years ago
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Yogita Ingle 5 years ago
One of the most important function of a constitution is to set some limit on the rulers. It is necessary for a constitution to place limitations on the rulers because absence of limitations would lead to authoritarian form of government that threatens human rights. The most common way of limiting the power of the government is to specify certain fundamental rights. Citizens will normally have some basic rights of liberties: right to freedom, right to association, right to conduct trade, 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 and the government can impose some limitations on its citizen. In all the types of constitution whether in the form of referendum, maintain or mandate people hold some sort of power, the level may vary. Thus, it’s not possible for a constitution to exist that gives no power at all to the citizens. The institutions of the state that are meant to serve the citizens would end up denying them their right in such tough scenario.
Posted by Angoyi Vero 5 years ago
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Angoyi Vero 5 years ago
Posted by Hnehpuii Pachuau 5 years ago
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Posted by Vaibhav Tiwari 5 years ago
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Posted by . . 5 years ago
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Yogita Ingle 5 years ago
Legislative Functions
- The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
- In the case of the Concurrent List, where the state legislatures and the Parliament have joint jurisdiction, the union law will prevail over the states unless the state law had received the earlier presidential assent. However, the Parliament can any time, enact a law adding to, amending, varying or repealing a law made by a state legislature.
- The Parliament can also pass laws on items in the State List under the following circumstances:
- If Emergency is in operation, or any state is placed under President’s Rule (Article 356), the Parliament can enact laws on items in the State List as well.
- As per Article 249, the Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by ⅔ majority of its members present and voting, that it is necessary for the Parliament to make laws on any item enumerated in the State List, in the national interest.
- As per Article 253, it can pass laws on the State List items if it is required for the implementation of international agreements or treaties with foreign powers.
- According to Article 252, if the legislatures of two or more states pass a resolution to the effect that it is desirable to have a parliamentary law on any item listed in the State List, the Parliament can make laws for those states.
Posted by Mehak Gupta 5 years ago
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Yogita Ingle 5 years ago
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.
Posted by Mehak Gupta 5 years ago
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Rohan Singh 5 years ago
Yogita Ingle 5 years ago
A Constitution is a written set of rules and regulations to run the government of a country. It also defines the positions of three organs of the Government, i.e. the executive, the legislature and the judiciary along with to maintain relations between the Government and the citizens.
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Posted by K Preethi 5 years ago
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Posted by K Preethi 5 years ago
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Posted by Anmol . 5 years ago
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Gaurav Seth 5 years ago
Constituent Assembly of India was set up under Cabinet Mission Plan of 1946. It consisted of 385 members, of which 292 were elected by the elected members of the provincial Legislative Assemblies while 93 members were nominated by the Princely States.It also had one representative each from the four chief Commissioners provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan. B N Rao was the Constitutional Advisor of the Assembly. Dr. Rajendra prasad was elected as its president.
Posted by Adnan Khan 5 years ago
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Gaurav Seth 5 years ago
August 15, 1947
The Indian Independence Bill, which carves the independent nations of India and Pakistan out of the former Mogul Empire, comes into force at the stroke of midnight on August 15, 1947.
Posted by Neha Kumari 5 years ago
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Gaurav Seth 5 years ago
Dr BR Ambedkar
Constitution Assembly set up a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar on 29 August, 1947 to prepare a Draft Constitution for India. The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950.
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