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Positive Criticism

education related stuff. 1)History 2)Polity 3)Geopolitics 4)Economics 5)Various case studies on above subjects read less
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Federalism in Contemporary India
Jun 3 2021
Federalism in Contemporary India
Threat to Federalism: 1)Systematic 2)Non Systematic · Economic · political Discretionary Grants:  Article 282 empowers both the Centre and the states to make any grants for any public purpose, even if it is not within their respective legislative competence. Under this provision, the Centre makes grants to the states. Statutory grants:  under Article 275 (both general and specific) are given to the states on the recommendation of the Finance Commission. In post-independent India, the Centre, on several occasions, has used its powers to dismiss or use the Governor to intimidate democratically elected governments. During the Emergency, education was moved to the Concurrent list which was until then a State subject under the constitutional division of responsibilities. However, the adverse changes to federal relations at present are more systemic. To understand what has changed, at the risk of repetition, there has been increasing centralisation in resource allocations and welfare interventions. The gap between the revenue that State governments are allowed to generate and the expenditure that they are expected to incur has been widening, particularly with the implementation of Goods and Services Tax (GST). The shortfall of GST this year and the Centre’s lackadaisical response to demands for compensation by State governments are again known. We can also see the consolidation and expansion of a few big business groups seen to be close to the BJP, probably at the expense of smaller players. On the one hand, the Centre has sought to insulate Indian big business from global competition by choosing not to enter into the Regional Comprehensive Economic Partnership (RCEP), but has eroded the power of small businesses through support for GST and the call for a single national market. Clearly, bigger players are more likely to benefit from a removal of State-level barriers to trade at the expense of smaller regional players. This re-calibration of State-capital relations works against smaller entrepreneurs and entrepreneurship. Institutional transgression The second challenge is in the use of executive and legislative aggression. Central institutions are increasingly weakening the policy levers of State institutions. Institutions such as the Income Tax Department, the Enforcement Directorate and the National Investigation Agency are being used to intimidate opponents. Appointments are not untouched either. For instance, the Centre has been meddling with the appointments of vice-chancellors in universities funded and run by State governments. Direct transfers to beneficiaries of welfare schemes bypassing States are also contributing to this dynamic. Further, as recent events suggest, the Centre is increasingly ignoring elected representatives of State governments, holding meetings with State secretaries and district collectors on issues that are primarily under State control. An example was a recent meeting by Minister of Education Ramesh Pokhriyal Nishank with State Education Secretaries on implementation of the New Education Policy. Source: The Hindu and Laxmikant
Capitalism Vs humanity -an important question
May 29 2021
Capitalism Vs humanity -an important question
Convention on Biological Diversity (CBD) 1992 To implement CBD india passed Biological diversity Act,2002 § The act envisaged a three-tier structure to regulate the access to biological resources: o The National Biodiversity Authority (NBA) o The State Biodiversity Boards (SBBs) o The Biodiversity Management Committees (BMCs) (at local level) Issues in IPR(Intellectual Property Rights): Issues releated to IPR (universal133.blogspot.com) At the highest rate of 28%, India's is the second-highest among 115 countries - and is viewed as regressive by tax experts. India has four non-zero tax slabs - 5, 12, 18 and 28 - while most countries have far lower: 49 countries have one rate, 28 have two and only 5 countries, including India, use four non-zero rates. Thought to ponder: How Will Capitalism End? Ask Wolfgang Streeck and his co-authors in their book with that title. It will end, they say, when the forces that support capitalism run out. Capitalism expands by converting “the commons” into private capital. Economists justify this on practical grounds: it is the ‘tragedy of the commons’, Garrett Hardin postulated, that people will not care for something unless they own it. This is an ongoing justification for capitalist businesses owning land and forests and water resources. Businesses convert natural capital into financial capital and use it for generating profits and more capital for themselves. Over-exploitation of the earth’s resources to produce profits has contributed to the crisis of environmental sustainability and climate change. The concept of ownership of assets for creating wealth had gone too far when slaves without human rights were used in capitalist enterprises as their economic assets until moralists objected. Creation of monopolies Slavery is banned by law and the earth’s resources are limited. Therefore, capitalism has moved on to convert knowledge into private property. Modern regimes of intellectual property rights (IPR) with armies of patent lawyers help capitalists to create intellectual property monopolies. Thus, people are denied the use of their own knowledge — as they are when natural products, such as neem and turmeric are patented by capitalists. Thereby, communities whose traditions produced the knowledge must pay those who stole it from them, albeit legally. The public contributes to the creation of scientific knowledge in many ways, for example through government research and development grants and subsidies, as Mariana Mazzucato explains in her book, The Value of Everything: Making and Taking in the Global Economy. In fact, large public assistance in various ways has enabled U.S. pharmaceutical companies to develop their new COVID-19 vaccines at ‘warp speed’.
IT Rules 2021 : Tweeter, Instagram etc controversy
May 28 2021
IT Rules 2021 : Tweeter, Instagram etc controversy
Positives: The Rules must be credited for they mandate duties such as removal of non-consensual intimate pictures within 24 hours, publication of compliance reports to increase transparency, setting up of a dispute resolution mechanism for content removal and adding a label to information for users to know whether content is advertised, owned, sponsored or exclusively controlled. ‘the freedom to circulate one’s views as the lifeline of any democratic institution’. Negatives: The problem started when these Rules came to life. They were framed by the Ministry of Electronics and Information Technology (MeiTY). The Second Schedule of the Business Rules, 1961 does not empower MeiTY to frame regulations for ‘digital media.’ This power belongs to the Ministry of Information and Broadcasting. In the given case although MeiTY has said that these rules shall be administered by the Ministry of Information and Broadcasting, however this action violates the legal principle of ‘colourable legislation’ where the legislature cannot do something indirectly if it is not possible to do so directly. Fair recourse, privacy issues An intermediary is now supposed to take down content within 36 hours upon receiving orders from the Government. This deprives the intermediary of a fair recourse in the event that it disagrees with the Government’s order due to a strict timeline. Additionally, it places fetters upon free speech by fixing the Government as the ultimate adjudicator of objectionable speech online. The other infamous flaw is how these Rules undermine the right to privacy by imposing a traceability requirement. The immunity that users received from end-to-end encryption was that intermediaries did not have access to the contents of their messages. Imposing this mandatory requirement of traceability will break this immunity, thereby weakening the security of the privacy of these conversations. This will also render all the data from these conversations vulnerable to attack from ill-intentioned third parties. The threat here is not only one of privacy but to the extent of invasion and deprivation from a safe space. These regulations in the absence of a data protection law, coloured in the backdrop of recent data breach affecting a popular pizza delivery chain and also several airlines highlight a lesson left unlearnt. On fake news The problem here is that to eliminate fake news — rather than defining its ambit as a first step, the Rules proceed to hurriedly take down whatever an arbitrary, ill-decisioned, biased authority may deem as “fake news”. Lastly, the Rules create futile additional operational costs for intermediaries by requiring them to have Indian resident nodal officers, compliance officers and grievance officers. Intermediaries are also required to have offices located in India. This makes profit making a far-fetched goal for multinational corporations and start-up intermediary enterprises. Therefore, not only do these Rules place a barrier on the “marketplace of ideas” but also on the economic market of intermediaries in general by adding redundant financial burdens. Source : The Hindu Editorial
PM Vs MC : Laxmikant Polity explained
May 23 2021
PM Vs MC : Laxmikant Polity explained
ArticlesRelationship between Prime Minister and the President  74Mentions how the Prime Minister and President are both connected with the council of ministers. The Council with PM as head advise President on various issues. 75Mentions three things: President appoints PM and other ministers are appointed by the President on the advice of the PM.Ministers hold their office during the pleasure of the President.Council of Ministers is collectively responsible to the Lok Sabha. 78 mentions PM communicates all decisions made by the council of members to the President. President can also refer issues for the consideration of the council of members. Power and Function of Prime Minister Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities as: The leader of Country: The Prime Minister of India is the Head of the Government of India.Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.Official Representative of the country: Prime minister represents the country for high-level international meetingsThe link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation.Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.Chief Advisor: He acts as the chief advisor to the President =====================CM================= Article 163The governor is advised by the council of ministers which is headed by the Chief Minister. Note: When the governor acts at his own discretion, no advice is needed by the council Article 164Governor appoints Chief Minister and later Chief Minister recommends Governor on the appointment of ministers Article 167Chief Minister has to communicate all administrative decisions that are taken up by him and the council of ministers to the governor In relation to the governor, the Chief Minister performs the following functions: All the activities, decisions that are taken up by the council of ministers are communicated to the governor by the chief ministerTo report to the governor, information about the administrative affairs if and when asked by the governorIf any minister has decided on any issue, the same has to be reported to the Governor by the Chief Minister when the same has not been considered by the council.He gives his advice to the governor for the appointment of the following persons: Advocate-General Chairman of state Public Service Commission The state election commission, etc.
Council of Minister of Centre Vs State @Laxmikant
May 8 2021
Council of Minister of Centre Vs State @Laxmikant
Parliament + State Legislature : M Laxmikanth (universal133.blogspot.com) Article 163: Council of Ministers to aid and advise Governor ===simmilar to 74 in state (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. (3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court. 164: Other provisions as to Ministers=========simmilar to 75 in state (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work. (1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve: Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date* (1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier. (2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. (3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. (5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
Farm Bill Protest: Essential Commodity Ammendment Act-Explained
Sep 24 2020
Farm Bill Protest: Essential Commodity Ammendment Act-Explained
Poverty in South East Asia =https://www.thehindu.com/opinion/lead/the-covid-19-paradox-in-south-asia/article31417806.ece Ministry: Consumer Affairs and Food DistributionThe  Essential Commodities (Amendment) Ordinance, 2020 was promulgated on  June 5, 2020.  It amends the Essential Commodities Act, 1955.  The Act  empowers the central government to control the production, supply,  distribution, trade, and commerce in certain commodities.  The Ordinance  seeks to increase competition in the agriculture sector and enhance  farmers’ income.  It aims to liberalise the regulatory system while  protecting the interests of consumers.Regulation of food items: The Act  empowers the central government to designate certain commodities (such  as food items, fertilizers, and petroleum products) as essential  commodities.  The central government may regulate or prohibit the  production, supply, distribution, trade, and commerce of such essential  commodities.  The Ordinance provides that the central government may  regulate the supply of certain food items including cereals, pulses,  potato, onions, edible oilseeds, and oils, only under extraordinary  circumstances.  These include: (i) war, (ii) famine, (iii) extraordinary  price rise and (iv) natural calamity of grave nature.Imposition of stock limit: The Act  empowers the central government to regulate the stock of an essential  commodity that a person can hold.  The Ordinance requires that  imposition of any stock limit on certain specified items must be based  on price rise.  A stock limit may be imposed only if there is: (i) 100%  increase in retail price of horticultural produce; and (ii) 50% increase  in the retail price of non-perishable agricultural food items.  The  increase will be calculated over the price prevailing immediately  preceding twelve months, or the average retail price of the last five  years, whichever is lower.The Ordinance provides that any stock limit will not  apply to a processor or value chain participant of agricultural produce  if stock held by such person is less than the: (i) overall ceiling of  installed capacity of processing, or (ii) demand for export in case of  an exporter.  A value chain participant means a person engaged in  production, or in value addition at any stage of processing, packaging,  storage, transport, and distribution of agricultural produce.Applicability to Public Distribution System:  The provisions of the Ordinance regarding the regulation of food items  and the imposition of stock limits will not apply to any government  order relating to the Public Distribution System or the Targeted Public  Distribution System.  Under these systems, food grains are distributed  by the government to the eligible persons at subsidised prices.
Unit 2 part 4 (1905-1918)
Sep 5 2020
Unit 2 part 4 (1905-1918)
● Home Rule League Movement Manifestation of a trend of aggressive politics in national movement; was pioneered by Tilak and Annie Besant on lines of a similar movement in Ireland. * Factors Favouring the Movement 1. Need being felt for popular pressure to attain concessions. 2. Disillusionment with Morley-Minto Reforms. 3. Wartime miseries—public ready to protest. 4. Tilak, Besant ready to assume leadership. * Aim of the Movement To convey to the common man the concept of Home Rule as self-government. * Tilak’s League—Started in April 1916 and operated in Maharashtra, Karnataka, Central Provinces and Berar; had six branches. * Besant’s League—Started in September 1916 and operated in rest of India; had 200 branches. Later, the leagues were joined by others including Moderate Congressmen. * Methods used Organising discussions, reading rooms, propaganda through public meetings, newspapers, pamphlets, posters, etc. * Positive Gains Emphasis shifted to the masses permanently; organisational link established between town and country; prepared a generation of ardent nationalists, influenced Moderate-Extremist reunion at Lucknow (1916) ● Lucknow Session of INC—1916 Extremists were readmitted to Congress Muslim League and Congress put up joint demands under Lucknow Pact. Congress accepted the League’s position on separate electorates. ● Importance of Montagu’s Statement Attainment of self-government for Indians became a government policy.
Unit 2 part 3 (1905-1918)
Sep 5 2020
Unit 2 part 3 (1905-1918)
● Revolutionary Activities * Reasons for emergence Younger elements not ready to retreat after the decline of open phase. Leadership’s failure to tap revolutionary energies of the youth. Government repression left no peaceful avenues open for protest. * Ideology Assassinate unpopular officials, thus strike terror in hearts of rulers and arouse people to expel the British with force; based on individual heroic actions on lines of Irish nationalists or Russian nihilists and not a mass-based countrywide struggle. ● Revolutionary Activities * Bengal 1902—First revolutionary groups in Midnapore and Calcutta (The Anushilan Samiti) 1906—Yugantar, the revolutionary weekly started By 1905-06—Several newspapers started advocating revolutionary terrorism. 1907—Attempt on life of the former Lt. governor of East Bengal and Assam. 1908—Prafulla Chaki and Khudiram Bose attempt to murder Muzaffarpur Magistrate, Kingsford. Alipore conspiracy case involving Aurobindo Ghosh, Barindra Kumar Ghosh and others. 1908—Burrah dacoity by Dacca Anushilan. 1912—Bomb thrown at Viceroy Hardinge by Rashbehari Bose and Sachin Sanyal. Sandhya, Yugantar—newspapers advocating revolutionary activity. Jatin Das and Yugantar; the German Plot during World War I. * Maharashtra 1879—Ramosi Peasant Force by Vasudev Balwant Phadke. 1890s—Tilak’s attempts to propagate militancy among the youth through Shivaji and Ganapati festivals, and his journals Kesari and Maharatta. 1897—Chapekar brothers kill Rand, the plague commissioner of Poona and Lt. Ayerst. 1899—Mitra Mela—a secret society organised by Savarkar and his brother. 1904—Mitra Mela merged with Abhinav Bharat. 1909—District Magistrate of Nasik—Jackson—killed. * Punjab Revolutionary activity by Lala Lajpat Rai, Ajit Singh, Aga Haidar Syed Haidar Raza, Bhai Parmanand, Lalchand ‘Falak’, Sufi Ambaprasad. ● Revolutionary Activity Abroad 1905—Shyamji Krishnavarma set up Indian Home Rule Society and India House and brought out journal The Sociologist in London. 1909—Madan Lal Dhingra murdered Curzon-Wyllie; Madame Bhikaji Cama operated from Paris and Geneva and brought out journal Bande Mataram. Ajit Singh also active. Berlin Committee for Indian Independence established by Virendranath Chattopadhyay and others. Missions sent to Baghdad, Persia, Turkey, Kabul. * In North America, the Ghadr was organised by Lala Hardayal, Ramchandra, Bhawan Singh, Kartar Singh Saraba, Barkatullah, Bhai Parmanand. The Ghadr Programme Assassinate officials. Publish revolutionary literature. Work among Indian troops abroad and raise funds. Bring about a simultaneous revolt in all colonies of Britain. Attempt to bring about an armed revolt in India on February 21, 1915 amidst favourable conditions created by the outbreak of First World War and the Komagata Maru incident (September 1914). The plan was foiled due to treachery. Defence of India Act, 1915 passed primarily to deal with the Ghadrites
Unit 2 part 2 (1905-1918)
Sep 5 2020
Unit 2 part 2 (1905-1918)
● The Swadeshi and Boycott Movement * Began as a reaction to partition of Bengal which became known in 1903, was formally announced in July 1905 and came into force in October 1905. The motive behind partition was to weaken Bengal which was the nerve centre of Indian nationalist activity; the official reason given for the partition was that Bengal had become too big to administer—which was true to some extent. * Moderate-led anti-partition movement (1903-05) was under Surendranath Banerjea, K.K. Mitra, Prithwishchandra Ray. Methods included public meetings, petitions, memoranda, propaganda through newspapers and pamphlets. * The movement under Extremists (1905-08) was led by Tilak, Bipin Chandra Pal, Lajpat Rai, Aurobindo Ghosh. Methods included boycott of foreign cloth and other goods, public meetings and processions, forming corps of volunteers or samitis, use of traditional popular festivals and melas for propaganda, emphasis on selfreliance or atma shakti, launching programme of swadeshi or national education, swadeshi or poetry, pioneering research in science and later calling for boycott of schools, colleges, councils, government service, etc. * Extremists took over because of the failure of the Moderates to achieve positive results, divisive tactics of governments of both Bengals, severe government repression. zamindari, labour, some lower middle and middle classes in towns and cities participated for the first time while the Muslims generally kept away. * Annulment of Partition mainly to curb the ‘menace’ of revolutionary terrorism. * Why Swadeshi Movement fizzled out by 1908 Severe government repression. Lack of effective organisation and a disciplined focus. With arrest/deportation of all leaders, the movement left leaderless. Split in nationalist ranks. Narrow social base. * Achievements “A leap forward” because hitherto untouched sections participated, major trends of later movement emerged; richness of the movement extended to culture, science and literature; people educated in bolder form of politics; colonial hegemony undermined.
Part 7: Criticism of the Constituent Assembly
Aug 23 2020
Part 7: Criticism of the Constituent Assembly
Laxmikanth, M.. Indian Polity ;chap 2 Criticism of the Constituent Assembly The critics have criticised the Constituent Assembly on various grounds. These are as follows: 1. Not a Representative Body: The critics have argued that the Constituent Assembly was not a representative body as its members were not directly elected by the people of India on the basis of universal adult franchise. 2. Not a Sovereign Body: The critics maintained that the Constituent Assembly was not a sovereign body as it was created by the proposals of the British Government. Further, they said that the Assembly held its sessions with the permission of the British Government. 3. Time Consuming: According to the critics, the Constituent Assembly took unduly long time to make the Constitution. They stated that the framers of the American Constitution took only four months to complete their work. In this context, Naziruddin Ahmed, a member of the Constituent Assembly, coined a new name for the Drafting Committee to show his contempt for it. He called it a “Drifting Committee”. 4. Dominated by Congress: The critics charged that the Constituent Assembly was dominated by the Congress party. Granville Austin, a American Constitutional expert, remarked: ‘The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India’9. 5. Lawyer–Politician Domination: It is also maintained by the critics that the Constituent Assembly was dominated by lawyers and politicians. They pointed out that other sections of the society were not sufficiently represented. This, to them, is the main reason for the bulkiness and complicated language of the Constitution. 6. Dominated by Hindus: According to some critics, the Constituent Assembly was a Hindu dominated body. Lord Viscount Simon called it ‘a body of Hindus’. Similarly, Winston Churchill commented that the Constituent Assembly represented ‘only one major community in India’.
Part 6: Enactment of the Constitution
Aug 23 2020
Part 6: Enactment of the Constitution
Laxmikanth, M.. Indian Polity Enactment of the Constitution:  Dr B R Ambedkar introduced the final draft of the Constitution in the Assembly on November 4, 1948 (first reading). The Assembly had a general discussion on it for five days (till November 9, 1948). The second reading (clause by clause consid-eration) started on November 15, 1948 and ended on October 17, 1949. During this stage, as many as 7653 amendments were proposed and 2473 were actually discussed in the Assembly. The third reading of the draft started on November 14, 1949. Dr B R Ambedkar moved a motion—‘the Constitution as settled by the Assembly be passed’. The motion on Draft Constitution was declared as passed on November 26, 1949, and received the signatures of the members and the president. Out of a total 299 members of the Assembly, only 284 were actually present on that day and signed the Constitution. This is also the date mentioned in the Preamble as the date on which the people of India in the Constituent Assembly adopted, enacted and gave to themselves this Constitution. The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules. The Preamble was enacted after the entire Constitution was already enacted. Dr B R Ambedkar, the then Law Minister, piloted the Draft Constitution in the Assembly. He took a very prominent part in the deliberations of the Assembly. He was known for his logical, forceful and persuasive arguments on the floor of the Assembly. He is recognised as the ‘Father of the Constitution of India’. This brilliant writer, constitutional expert, undisputed leader of the scheduled castes and the ‘chief architect of the Constitution of India’ is also known as a ‘Modern Manu’.
Part 5: Committees of the Constituent Assembly
Aug 23 2020
Part 5: Committees of the Constituent Assembly
Laxmikanth, M.. Indian Polity; chap 2 Committees of the Constituent Assembly The Constituent Assembly appointed a number of committees to deal with different tasks of constitution-making. Out of these, eight were major committees and the others were minor committees. The names of these committees and their chairmen are given below: Major Committees 1. Union Powers Committee – Jawaharlal Nehru 2. Union Constitution Committee – Jawaharlal Nehru 3. Provincial Constitution Committee – Sardar Patel 4. Drafting Committee – Dr. B.R. Ambedkar 5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel. This committee had the following five sub-committees: (a) Fundamental Rights Sub-Committee – J.B. Kripalani (b) Minorities Sub-Committee – H.C. Mukherjee (c) North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bardoloi (d) Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A.V. Thakkar (e) North-West Frontier Tribal Areas Sub-Committee8a 6. Rules of Procedure Committee – Dr. Rajendra Prasad 7. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru 8. Steering Committee – Dr. Rajendra Prasad Minor Committees 1. Finance and Staff Committee – Dr. Rajendra Prasad 2. Credentials Committee – Alladi Krishnaswami Ayyar 3. House Committee – B. Pattabhi Sitaramayya 4. Order of Business Committee – Dr. K.M. Munshi 5. Ad-hoc Committee on the National Flag – Dr. Rajendra Prasad 6. Committee on the Functions of the Constituent Assembly – G.V. Mavalankar 7. Ad-hoc Committee on the Supreme Court – S. Varadachari (Not an Assembly Member) 8. Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya 9. Expert Committee on the Financial Provisions of the Union Constitution – Nalini Ranjan Sarkar (Not an Assembly Member) 10. Linguistic Provinces Commission – S.K. Dar (Not an Assembly Member) 11. Special Committee to Examine the Draft Constitution – Jawaharlal Nehru 12. Press Gallery Committee – Usha Nath Sen 13. Ad-hoc Committee on Citizenship – S. Varadachari Drafting Committee Among all the committees of the Constituent Assembly, the most important committee was the Drafting Committee set up on August 29, 1947. It was this committee that was entrusted with the task of preparing a draft of the new Constitution. It consisted of seven members. They were: 1. Dr B R Ambedkar (Chairman) 2. N Gopalaswamy Ayyangar 3. Alladi Krishnaswamy Ayyar 4. Dr K M Munshi 5. Syed Mohammad Saadullah 6. N Madhava Rau (He replaced B L Mitter who resigned due to ill-health) 7. T T Krishnamachari (He replaced D P Khaitan who died in 1948) The Drafting Committee, after taking into consideration the proposals of the various committees, prepared the first draft of the Constitution of India, which was published in February 1948. The people of India were given eight months to discuss the draft and propose amendments. In the light of the public comments, criticisms and suggestions, the Drafting Committee prepared a second draft, which was published in October 1948. The Drafting Committee took less than six months to prepare its draft. In all it sat only for 141 days.
Part 4: Changes by the Independence Act
Aug 23 2020
Part 4: Changes by the Independence Act
Laxmikanth, M.. Indian Polity chap 2 Changes by the Independence Act The representatives of the princely states, who had stayed away from the Constituent Assembly, gradually joined it. On April 28, 1947, representatives of the six states5 were part of the Assembly. After the acceptance of the Mountbatten Plan of June 3, 1947 for a partition of the country, the representatives of most of the other princely states took their seats in the Assembly. The members of the Muslim League from the Indian Dominion also entered the Assembly. The Indian Independence Act of 1947 made the following three changes in the position of the Assembly: 1. The Assembly was made a fully sovereign body, which could frame any Constitution it pleased. The act empowered the Assembly to abrogate or alter any law made by the British Parliament in relation to India. 2. The Assembly also became a legislative body. In other words, two separate functions were assigned to the Assembly, that is, making of a constitution for free India and enacting of ordinary laws for the country. These two tasks were to be performed on separate days. Thus, the Assembly became the first Parliament of free India (Dominion Legislature). Whenever the Assembly met as the Constituent body it was chaired by Dr. Rajendra Prasad and when it met as the legislative body6, it was chaired by G V Mavlankar. These two functions continued till November 26, 1949, when the task of making the Constitution was over. 3. The Muslim League members (hailing from the areas7 included in the Pakistan) withdrew from the Constituent Assembly for India. Consequently, the total strength of the Assembly came down to 299 as against 389 originally fixed in 1946 under the Cabinet Mission Plan. The strength of the Indian provinces (formerly British Provinces) was reduced from 296 to 229 and those of the princely states from 93 to 70. other functions: In addition to the making of the Constitution and enacting of ordinary laws, the Constituent Assembly also performed the following functions: 1. It ratified the India’s membership of the Commonwealth in May 1949. 2. It adopted the national flag on July 22, 1947. 3. It adopted the national anthem on January 24, 1950. 4. It adopted the national song on January 24, 1950. 5. It elected Dr Rajendra Prasad as the first President of India on January 24, 1950. In all, the Constituent Assembly had 11 sessions over two years, 11 months and 18 days. The Constitution-makers had gone through the constitutions of about 60 countries, and the Draft Constitution was considered for 114 days. The total expenditure incurred on making the Constitution amounted to ` 64 lakh. On January 24, 1950, the Constituent Assembly held its final session. It, however, did not end, and continued as the provisional parliament of India from January 26, 1950 till the formation of new Parliament8 after the first general elections in 1951–52.
Part 3: Objective Resolution
Aug 23 2020
Part 3: Objective Resolution
Laxmikanth, M.. Indian Polity Objective Resolution On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure. It read: 1. “This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution: 2. Wherein the territories that now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside India and the States as well as other territories as are willing to be constituted into the independent sovereign India, shall be a Union of them all; and 3. wherein the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous units together with residuary powers and exercise all powers and functions of Government and administration save and except such powers and functions as are vested in or assigned to the Union or as are inherent or implied in the Union or resulting therefrom; and 4. wherein all power and authority of the Sovereign Independent India, its constituent parts and organs of Government are derived from the people; and 5. wherein shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and 6. wherein adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and 7. whereby shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea and air according to justice and the law of civilized nations; and 8. This ancient land attains its rightful and honoured place in the world and makes its full and willing contribution to the promotion of world peace and the welfare of mankind.” This Resolution was unanimously adopted by the Assembly on January 22, 1947. It influenced the eventual shaping of the constitution through all its subsequent stages. Its modified version forms the Preamble of the present Constitution.
Part 2 : Composition of The Constituent Assembly
Aug 23 2020
Part 2 : Composition of The Constituent Assembly
Laxmikanth, M.. Indian Polity :  Chap 2 = Making of Indian constitution Composition of The Constituent Assembly : The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. The features of the scheme were: 1. The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be allotted to British India and 93 seats to the Princely States. Out of 296 seats allotted to the British India, 292 members were to be drawn from the eleven governors’ provinces2 and four from the four chief commissioners’ provinces3, one from each. 2. Each province and princely state (or group of states in case of small states) were to be allotted seats in proportion to their respective population. Roughly, one seat was to be allotted for every million population. 3. Seats allocated to each British province were to be divided among the three principal communities—Muslims, Sikhs and general (all except Muslims and Sikhs), in proportion to their population. 4. The representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferable vote. 5. The representatives of princely states were to be nominated by the heads of the princely states. It is thus clear that the Constituent Assembly was to be a partly elected and partly nominated body. Moreover, the members were to be indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise4. The elections to the Constituent Assembly (for 296 seats allotted to the British Indian Provinces) were held in July–August 1946. The Indian National Congress won 208 seats, the Muslim League 73 seats, and the small groups and independents got the remaining 15 seats. However, the 93 seats allotted to the princely states were not filled as they decided to stay away from the Constituent Assembly. Although the Constituent Assembly was not directly elected by the people of India on the basis of adult franchise, the Assembly comprised representatives of all sections of Indian Society—Hindus, Muslims, Sikhs, Parsis, Anglo–Indians, Indian Christians, SCs, STs including women of all these sections. The Assembly included all important personalities of India at that time, with the exception of Mahatma Gandhi.