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MPSC Prelims Marathon Polity- 01 #mpsc #prelims #polity #revision

Dnyanadeep Academy Pune・117 minutes read

The Indian Constitution's historical background is divided into two main phases, with Phase 1 focusing on Charter Acts like the 1773 Regulating Act and Phase 2 involving acts like the Indian Council Acts of 1861 and Indian Independence Act of 1947. Key points include the establishment of a central authority through various acts like the Regulating Act of 1793 and the eventual dissolution of the East India Company's governance following the Revolt of 1857, leading to the end of the company's rule in India.

Insights

  • The historical background of the Indian Constitution is divided into two main phases: the Regulating Act of 1773 and the Good Governance Act of 1858.
  • The Charter Acts from the first phase, like the Regulating Act of 1773 and those of 1793, 1813, 1833, and 1858, shaped governance in India.
  • The Revolt of 1857 led to the end of the East India Company's rule and the transfer of power to the British Crown through the Government of India Act of 1858.
  • The Indian Constitution, finalized in 1949 and effective from 1950, includes fundamental rights inspired by various leaders and movements, ensuring a balance of power and rights.

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Recent questions

  • What were the key phases in the historical background of the Indian Constitution?

    The historical background of the Indian Constitution is divided into two main phases: the Regulating Act of 1773 and the Good Governance Act of 1858. The first phase includes the Charter Acts from 1773 to 1858, while the second phase focuses on the transfer of power from the British East India Company to the Indian Parliament through various acts.

  • Who were the notable members of the Drafting Committee for the Indian Constitution?

    Notable members of the Drafting Committee included N Gopalaswami Iyengar, Alladi Krishnaswamy Iyer, KM Munshi, and Syed Mohammad Sadullah. These individuals played a crucial role in drafting the constitution, working on a rough draft from February 1948 to November 1948.

  • What are the fundamental rights guaranteed by the Indian Constitution?

    The Indian Constitution guarantees fundamental rights in Part III, Articles 12 to 35. These rights include equality before the law, prohibition of discrimination, right to life and personal liberty, freedom of religion, protection against arbitrary arrest, and more. Fundamental rights are essential for maintaining a balance of power and rights in the country.

  • How many articles and parts are included in the Indian Constitution?

    The Indian Constitution consists of 451 articles, 25 parts, and 12 appendices. These articles cover various aspects of governance, fundamental rights, directive principles, and other provisions crucial for the functioning of the country.

  • What is the significance of Article 32 in the Indian Constitution?

    Article 32 of the Constitution is the Right to Remedies, considered crucial by Dr. Babasaheb Ambedkar. This article allows individuals to directly approach the Supreme Court for enforcement of fundamental rights. It provides for five types of remedies, including Habeas Corpus, Writ of Mandamus, Prohibition, Certiorari, and Quo Warranto, ensuring protection against violations of fundamental rights.

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Summary

00:00

Evolution of Indian Constitution: Key Phases

  • The historical background of the Indian Constitution is divided into two main phases: the Regulating Act of 1773 and the Good Governance Act of 1858.
  • The laws in the first phase, known as the Charter Acts, include the Regulating Act of 1773, followed by the Charter Acts of 1793, 1813, 1833, and 1858.
  • Other important laws to remember are the Settlement Act of 1781, Pitts India Act of 1784, and the Amendment Act of 1786.
  • The second phase focuses on the transfer of power from the British East India Company to the Indian Parliament, governed by acts like the Indian Council Acts of 1861, 1892, 1909, 1919, 1935, and the Indian Independence Act of 1947.
  • The Regulating Act of 1793 centralized the company in India, established a Governor General of Bengal, and formed a council with key members like Philip Francis, John Clavering, George Monson, and Richard Barwell.
  • The Pitts India Act of 1784 aimed to regulate the company's affairs, while the Amendment Act of 1786 granted the Governor General of Bengal more authority.
  • The Act of 1833 ended the company's commercial monopoly in India, allowed British companies to trade in India, allocated funds for Indian scholars' education, and permitted the entry of Christian missionaries into India.
  • The Charter Act of 1853 divided the Governor General's council into an Executive Board and a Legislative Council, with provisions for competitive exams for government servants.
  • The Revolt of 1857 led to the dissolution of the East India Company's governance, with the British Crown taking over through the Government of India Act of 1858.
  • Queen Victoria's proclamation following the revolt ensured equal opportunities for Indians in government jobs, no discrimination based on religion or caste, and respect for religious practices, leading to the end of the company's rule in India.

18:39

Evolution of Indian Governance System

  • Creation of Ministry of India in Parliament, Lord Stanley appointed as the first Indian Minister
  • A council of 15 people established to assist the Minister of India in governing
  • The Governor General of India was given the title of Viceroy, representing the Queen
  • The Act of 1784 created a dual system of government in India, overseeing governance directly
  • The Indian Council Act of 1861 decentralized governance, returning rights to Bombay and Madras
  • The Act of 1861 introduced the portfolio system for accounting, initiated by Lord Canning
  • The Indian Council Act of 1892 implemented the principle of election in the Central Legislature
  • The Morley Minto Act of 1909 included Indians in the Viceroy's Council, based on caste constituencies
  • The Montego Chelmsford Act of 1919 established partially responsible governance in India, with reserved seats for Muslims and landlords
  • The Government of India Act 1935 introduced a federal system, granting autonomy to provinces and a clear division of powers between center and state

38:03

"1935 Act shifts power to central authority"

  • The Act of 1935 established a federal structure for India, with provisions for Central, State, and Concurrent Lists.
  • The Act vested power in the Viceroy, shifting authority to the center from the states.
  • Article 248 in the constitution today emphasizes the central authority over state matters.
  • The Council of Ministers of India was abolished, with a 15-member council dissolved.
  • The Act of 1935 also introduced laws in six provinces, including Bengal, Bombay, and Madras.
  • The Federal Public Service Commission Act of 1919 outlined provisions for federal, provincial, and joint public service commissions.
  • The Federal Court established in 1937 operated until 1950, with the Supreme Court taking over its functions.
  • Reservation policies in India included provisions for women, Dalits, and workers, with changes in the Acts of 1909 and 1935.
  • The demand for a Constituent Assembly in India was first raised in 1922 by Mahatma Gandhi and later in 1934 by MN Roy.
  • The Cabinet Mission Plan of 1946 allowed for the formation of a Constituent Assembly with 100% Indian representation, rejecting British interference.

57:22

Formation of Indian Parliament and Independence Act

  • Central Hall in New Delhi at 11 AM, Commission asks questions, 207 members present on the first day
  • Commission prefers 211 over 207, despite confusion, 207 listed on official website
  • Acharya Kripalani speaks first in the hall, Dr. Sachida Sinha appointed as interim president
  • Frank Anthony appointed as temporary vice president, Dr. Satchidananda Sinha suggested by Frank Anthony
  • Frank Anthony, Anglo-Indian member, served in Lok Sabha from 1st to 10th term
  • Dr. Rajendra Prasad appointed as Permanent Speaker on December 11, 1946
  • Indian Independence Act 1947 passed, creating India and Pakistan as independent nations
  • Mountbatten Plan presented on June 3, 1947, recognized Indian independence
  • Act 1947 recognized by British Crown on July 18, came into force on August 15, 1947
  • Indian Constitution Committee formed, Constituent Assembly became first parliament, committees established under it

01:17:02

"Indian Constitution Drafting Committee and Process"

  • Gopinath Bardole is mentioned, along with five other individuals who are not required for a specific task.
  • The committee was established on August 29, 1947, with a total of seven members, none of whom were women.
  • Dr. Babasaheb Ambedkar was part of the committee, which included a chairman and six other members.
  • Notable members of the Drafting Committee included N Gopalaswami Iyengar, Alladi Krishnaswamy Iyer, KM Munshi, and Syed Mohammad Sadullah.
  • Madhavrao health Mitra resigned, leading to replacements within the Commission.
  • The Drafting Committee worked on a rough draft of the constitution, starting in February 1948 and finalizing it by November 1948.
  • The final draft of the constitution was presented from November 4 to November 9, 1948, with the first reading passing during this period.
  • The constitution was accepted on November 26, 1949, but came into effect on January 26, 1950.
  • The Constitution Committee worked for two years, 11 months, and 17 days, with a total of 165 meetings held.
  • The Indian Constitution consists of 451 articles, 25 parts, and 12 appendices, with specific provisions related to citizenship, the President's election, and the Election Commission of India.

01:38:38

Comparing Sovereignty and Fundamental Rights in Constitutions

  • The UK Parliament is sovereign, and laws made by it cannot be challenged in court.
  • The US Supreme Court holds significant power in the judicial system.
  • In India, the Parliament is sovereign, but the British Parliament is not as sovereign.
  • The Indian judicial system follows a hierarchy from lower courts to High Court and then the Supreme Court.
  • The Constitution of India guarantees fundamental rights in Part III, Articles 12 to 35.
  • The Indian Constitution draws inspiration from the Magna Carta for fundamental rights.
  • Principles of social, economic, and political justice are derived from various revolutions and movements.
  • Fundamental rights were demanded by leaders like Sardar Vallabhbhai Patel and M N Roy.
  • Fundamental rights in the Indian Constitution are not absolute and can be restricted.
  • Fundamental rights are an essential and broad part of the Indian Constitution, ensuring a balance of power and rights.

02:02:52

Constitutional Rights: Restrictions and Justiciability

  • Fundamental rights cannot be waived, but imposing restrictions is possible.
  • Adequate restrictions can be placed on individuals.
  • Fundamental rights are justiciable, meaning they can be taken to court if violated.
  • There are seven fundamental rights in the constitution, including the right to property.
  • Article 13 prohibits laws inconsistent with fundamental rights.
  • Article 14 guarantees equality before the law.
  • Article 15 prohibits discrimination based on religion, race, caste, gender, or place of birth.
  • Article 16 ensures equal opportunities in public employment.
  • Article 17 focuses on eradicating untouchability.
  • Article 18 prohibits titles except for academic and military degrees.

02:22:35

Constitutional Rights and Protections in India

  • Recognition of organizations is not a fundamental right under the Constitution.
  • The right to travel abroad falls under the right to life, as per the Maneka Gandhi case of 1978.
  • Professional qualifications are essential for certain businesses, such as engineering and medical practices.
  • Business activities in atomic energy, space, and military equipment are restricted to state institutions.
  • Article 20 of the Constitution prohibits double jeopardy and self-incrimination.
  • Article 21 guarantees the right to life and personal liberty, including various aspects like dignity, pollution-free water, and livelihood.
  • Article 21A mandates free and compulsory education for children aged six to 14.
  • Article 22 provides protection against arbitrary arrest and detention, ensuring immediate notification of reasons for arrest and access to legal counsel.
  • Articles 23 and 24 prohibit human trafficking, forced labor, and hazardous work for children.
  • Articles 25 to 28 guarantee religious freedom, including the right to practice, promote, and educate in one's chosen religion, subject to public order and health considerations.

02:42:59

Constitutional Remedies: Protecting Rights and Justice

  • Article 32 of the Constitution is the Right to Remedies, considered crucial by Dr. Babasaheb Ambedkar.
  • Five types of remedies are outlined in Article 32, including Habeas Corpus for wrongful arrests.
  • Writ of Mandamus is used to ensure government officials fulfill their duties without violating fundamental rights.
  • Prohibition is employed when a lower court exceeds its jurisdiction, with the Supreme Court issuing orders.
  • Certiorari is utilized when a lower court lacks jurisdiction, leading to the Supreme Court's final decision.
  • Quo Warranto challenges a person's eligibility for public office, with the Supreme Court having the authority to intervene.
  • Fundamental rights can be curtailed for members of the armed forces under Article 33.
  • Martial Law, as per Article 34, allows the military to take over law and order during emergencies, suspending fundamental rights.
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