CONSTITUTIONAL DESIGN

➢ A constitution is a book of laws according to which a country is governed. It is accepted

by all people of country. Constitution is the supreme law that determines the
relationship among citizens and also the relationship between the people and
government.
➢ A constitution has many functions:
(a) It generates a degree of trust and coordination among the people.
(b) It specifies how the government will be constituted and ruled.
(c) It lays down limits on the powers of the government.
(d) It expresses the aspiration of the people about creating a good society.

MAKING OF THE INDIAN CONSTITUTION

➢ in 1928 Motilal Nehru and eight other congress leaders drafted a constitution for India.
➢ In 1931, the Karachi session of INC a resolution was passed on independent India’s
constitution.
➢ The idea to have a constitution was given by M.N. Roy first.
➢ our leaders were inspired by the ideals of French Revolution ( equality, liberty and
fraternity ), the practice of parliamentary democracy in Britain, the Bill of Rights in the
US and The socialist revolution in Russia ( social and economic equality).
➢ Indian Constitution was drafted by the Constituent Assembly headed by Rajendra
Prasad.
➢ Election for the representative of CA held in July 1946 under the proposal of Cabinet
Mission.
➢ First meeting of CA held on 9th December 1946.
➢ Initially there were 389 members in the CA but after partition, it remained 299.
➢ The CA adopted the constitution on 26th Nov 1949 but constitution came into force on
26 January 1950 which we celebrate as Republic Day.
➢ It took 2 years 11 months and 18 days to complete the constitution and debate took
place for 114 days.
➢ Originally there were 395 articles, 8 schedules(now 12) and 22 Parts in the
constitution.
➢ Preamble is an introductory statement in a constitution which states the reasons
and guiding values of the constitution. It is called soul and the ‘key to the
constitution’. (inspired from American model).

➢ Drafting committee was the most important of all the 13 (thirteen) committees of the
constitution which chairman was B.R. Ambedkar.
➢ Mahatma Gandhi was not the member of the CA. He published a magazine called
Young India.
➢ Jawaharlal Nehru gave his famous speech to the Constituent Assembly at the stroke
of midnight on August 15, 1947 called TRYST WITH DESTINY.
 Acceptance of theConstitution

➢ The drafting of the constitution was done by an assembly of elected representatives

called the CA.
➢ No large social group or political party has ever questioned the legitimacy of the
Constitution itself.
➢ CA represented the people of India. It was elected mainly by the members of the
existing Provincial Legislatures
➢ the Assembly represented members from different language groups, castes, classes,
religions and occupations.
➢ CA worked in a systematic, open and consensual manner.
➢ Our constitution has borrowed many things from the following sources:
• The Government of India Act, 1935 formed the basis or ‘blue print’ of Constitution of
India with the features of Federal systems.

• British Constitution: First part of the Post System, Parliamentary from of

Government, the idea of the rule of Law, Law making procedure, office of the CAG,
Single Citizenship.
• United States Constitution: Charter of Fundamental Rights, Power of Judicial
Review and Independence of Judiciary, Written Constitution, Preamble.
• Irish Constitution: Directive Principles of State Policy), Methods of Election of the
President, Nomination of Members in the Rajya Sabha by the President.
• Canadian Constitution: A Quasi-Federal form of Government (a federal system with
a strong central government). The idea of residual powers.
• Former USSR: Fundamental Duties and Five Year Planning.
• Australian Constitution: Concurrent List, Provision regarding Trade, Commerce and
Intercourse, Languages of the Preamble.
• Weimar Constitutions of Germany: Suspension of Fundamental Rights during the
emergency.
• Constitution of France: Republican of Liberty, Equality and Fraternity.

SOME IMPORTANT TERMS

Apartheid: The official policy of racial separation and ill treatment of blacks followed by the
government of South Africa between 1948 and 1989.

Treason: The offence of attempting to overthrow the government of the state to which the
offender owes allegiance
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.

Sovereign: People have supreme right to make decisions on internal as well as external
matters. No external power can dictate the government of India.
Socialist: Wealth is generated socially and should be shared equally by society.
Government should regulate the ownership of land and industry to reduce socio-economic
inequalities.

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.

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 of the disadvantaged groups.

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

➢ First amendment in the constitution took place in 1951 and more than 100
amendments have already taken place in our constitution.
➢ Our constitution is the lengthiest constitution of the world and is called the ‘bag of
borrowings’.
➢ The constitution of USA is the shortest in the world.
➢ Amendment 42, (1976) is called ‘Mini Constitution’ as the constitution was
substantially amended in it. In our preamble ‘socialist, ‘secular’ and ‘integrity’ words
were added through this amendment.
➢ In 1978, under 44th amendment the number of Fundamental Rights reduced to 6 from
7 as the right to property was excluded from the list.
➢ The Constitution does not reflect the views of its members alone. But no large social
group or political party has ever questioned the legitimacy of the Constitution itself.
The Constituent Assembly represented the people of India. The Constituent
Assembly worked in a systematic, open and consensual manner.
 ELECTORAL POLITICS

Haryana State assembly election - 1987.

Chaudhary Devi Lal led a movement called ‘Nyaya Yudh’ and formed LokDal.
Election promise: waive the loans of farmers and small businessmen. Lok Dal and its
partners won 76 out of 90 seats. The Congress could win only 5 seats.

Election is a process of choosing representative to run the government in a democratic

system. Elections take place after a regular interval.
➢ Election is needed for every democracy because
(a) all people can’t sit together and take all decisions.
(b) everyone is not politically and economically knowledgeable enough to take
decision.
(c) it is specially required in large countries like India.
(d) through elections only, voters can make their choices that who will make laws and
who will form the government
The conditions that make an election democratic are:
(a) everyone should have one vote and one value.
(b) Parties and candidates should offer some real choice to the voters.
(c) election must be held regularly.
(d) free and fair election should be there.
(e) the candidate preferred by the people should get elected
➢ Regular electoral competition provides incentives to political parties and leaders.Only
competition will provide opportunity to elect the best.
➢ Types of Election:
General election - Elections are held in all constituencies of LS or LA after five
years.
Mid-term election - Elections are held in all constituencies of LS or LA before five
years.
By-election - Sometimes election is held only for one constituency to fill the vacancy
caused by death or resignation of a member.

ELECTORAL PROCESS

➢ Electoral constituency - The country is divided into different areas for purposes of
elections. For Lok Sabha elections, there are 543 constituencies.
➢ Reserved Constituencies-Some seats are reserved for the weaker section of society
in Parliament as well as in state Assembly. 84 seats are reserved for SCs and 47 seats
for STs.
1/3rd seats are reserved in rural and urban local bodies for women candidates.

Voter List - A list containing the names of all those who either are of 18 years of age
or above is known as voter list or electoral rolls. A complete revision of the list takes
place every five years. EPIC has been introduced.
Nomination of Candidates
minimum age is 25years,
Political parties nominate their candidates who get the party symbol and support.
Party’s nomination is often called party ‘ticket’.
Every candidate has to make a legal declaration (affidavit), giving full details of :
 1. Serious criminal cases pending against the candidate;
2. Details of the assets and liabilities of the candidate and his or her family;
3. Educational qualifications of the candidate.

Election Campaign: Two weeks period

➢ Election Manifesto - A booklet containing all policies, programmes and ideas of a
political party .
➢ Election slogans:
1. Garibi Hatao (Remove Poverty)- by INC under Indira Gandhi in 1971 LS election.
2. ‘Save Democracy’- by Janata party in 1977 LS election.
3. Land to the Tiller- by Left Front in 1977 WB LA election.
4. ‘Protect the Self-Respect of the Telugus’- by N.T. Rama Rao of Telugu Desam
Party in 1983 AP LA election.
Election law: No party or candidate can
1. Bribe or threaten voters
2. Appeal to them in the name of caste or religion
3. Use government resources for election campaign
4. Spend more than Rs. 25 lakh in a constituency for a Lok Sabha election or Rs.10 lakh
in a constituency in an Assembly election.
➢ Model ‘code of conduct’ – A set of norms and guidelines to be followed by political
parties and candidates during election time.
According to this, no party or candidate can:
1. Use any place of worship for election propaganda;
2. Use government vehicles, aircrafts and officials for elections;
3. Once elections are announced,Ministers shall not lay foundation stones of any
projects, take any big policy decisions or make any promises of providing public
facilities.
Polling and Counting of votes: final stage.
earlier ballot paper, now EVMs( Electronic voting machine).

Election Commission (Article 324) :

CEC is appointed by the President of India. It is virtually impossible to remove the CEC.
Functions:
1. To conduct and control elections from announcement of elections to declaration of
results.
2. To implement Code of conduct and punishes any candidate or party that violates it.
3. During the election period, the EC can order the government to follow some guidelines
4. When on election duty, government officers work under control of EC and not
government.
 Popular participation in election in India :
1. voter turnout has either remained stable or actually gone up.
2. poor, illiterate and underprivileged people vote in larger proportion
3. Common people attach a lot of importance to elections.
4. The interest of voters in election-related activities has been increasing over the years.

Acceptance of election outcome:

1. The ruling parties routinely lose elections in India both at the national and state level.
2. In India about half of the sitting MPs or MLAs lose elections.
3. Candidates having money and criminal connections often lose elections.
4. electoral outcomes are usually accepted as ‘people’s verdict’ by the defeated party.

Challenges to free and fair election:

1. Candidates and parties with a lot of money enjoy a big and unfair advantage over
smaller parties and independents.
2. In some parts of the country, candidates with criminal connection have been able to
push others out of the electoral race and to secure a‘ticket’ from major parties.
3. Some families tend to dominate political parties.
4. Very often elections offer little choice to ordinary citizens.

➢ There are different party system in the world i.e. one party system. Bi party/ two party
System and Multi Party System.
➢ Success of the party system depends on the historical aspects, cultural and ethical
combination of people, the geographical boundary etc.
➢ In India, Election Commission is vested with the independent power to conduct free
and fair election in India.
➢ Fraud and malpractices indulged by a party or candidate to increase its voters is called
Rigging.
➢ If an elected candidate dies while in office or the seat falls vacant due to any reason,
then fresh election held in that particular constituency is called ‘by-election’.
➢ Sometimes Lok Sabha or any state Assembly in dissolved before the expiry of the full
term of five years. The elections to form a new govt. is called ‘mid-term election’.