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Y
A State is defined in international law as an independent political entity occupying a defined territory
the members of which are united together for the purpose of resisting external force and
preservation of internal orders.Y

ESSENTIALS:

1.Y 1. Independent political entity

2.Y 2. Occupying a defined territory

3.Y 3. Members of which are united together

4.Y 4. For the purpose of resisting external force and preservation of internal order
V
VV 

 


1. Population

2. Territory

3. Government

4. Sovereignty






A paradigm shift      VV

LASSIEZ FAIRE theory based on the notion that 
 
    

  . Do not intervene
unnecessary. Basically it is a concept from trade and economics, it propounds that state should not
intervene in the market place. State can impose taxes and levy it but can not dictate what and how
to trade. State͛s domain is only to preserve law and order and protect the state from external
aggression.

THUS,

 Y Lassiez faire theory emphasized on individual liberties and interests. It discouraged state͛s
tendency to intervene in individual affairs.

 Y This theory was the demand of 18nth century in England.[Industrial revolution]

 Y But the consequences of Lassiez faire theory were very harming. It created a rift between
haves and haves not.

  VV

But in 20th century, to eradicate the rift created as aforesaid, a new theory was propounded by our
social scientist:  
.

Welfare State is a state which seeks to promote the prosperity and wellbeing of the people in
general.

The theory states that the state can ameliorate the grievance of masses by curtailing individual
liberties.

THUS,

 Y Where lassiez faire theory emphasized over liberalism, Welfare State over
egalitarianism[SAMTAMULAK SAMAJ].

 Y Where lassiez faire theory emphasized over private liberties and interests, Welfare State
over public interests.


 
 
All the people in a state can not combine and operate all together all the time to achieve the desire
goals thus fundamental organs are necessary and for conducting the behavior of these organs a legal
regime is also required.

p
 



Constitutional law is a predictable body of norms and rules[a legal regime] from which the
governmental organs must draw their powers and functions.

The subject matters of constitutional law are:

!"Inter relationship among the organs.

#"Relationship between state and the citizens or individuals.

$"Powers/functions and limitations of the state.

p%VV&V%

Constitution is a document which seeks to

†Y  '  its fundamental/basic/apex organs of government and administration

†Y (  ' their structures, composition, powers and principal functions

†Y (  the interrelationship of these organs with one another

†Y 
 their relationship with the people more particularly the political relationship.

Thus Constitution is the formal source of Constitutional law in a country.

p%VV&V%)

 Y  A country may have constitution but not necessarily constitutionalism.

 Y Constitutionalism springs from a belief in limited government or limitation on government.

 Y  The antithesis of constitutionalism is despotism.

We the Indians are fortunate because our country has both the constitution and constitutionalism.

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Diversity in the polity. There were three types of states/provinces:

1.Y 
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2.Y 
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3.Y   

Such diversity constrained our constitutional framer to adopt federalism.

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 Y PLACES FORMAL AUTHORITY ON THE CENTRAL GOVERNMENT

 Y UK,FRANCE, ITALY , SWEDAN

 Y CENTRALISATION OF GOVERNMENTAL POWERS

 Y GOOD FOR A COUNTRY HAVING %4&VpVV %pV.

 Y THERE MIGHT BE LOCAL UNITS BYT ARE )   ()%VV5  4 %p   V, 

p %V GOVERNMENT, DO NOT ENJOY FUNCTIONAL AUTONOMY

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 Y ETYMOLOGICALLY DERIVED FROM ͞ &(͟ MEANT LEAGUE. IN COMMON PARLANCE

CONNOTES (5% "

 Y *"p",  PROPONDS THE POLITICAL CONCEPT OF FEDERALISM.

 Y  *   
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 Y 4 
 *existence of co-ordinate authorities independent to each other.

 Y According to Ambedkar, in a federalist structure, Õ
 

 
   
  
 
   


  
 
 
    




 
 

 

 Y Federalism *
  
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1)Y V45 %) %V

2)Y (V-&V% : Areal/in what ever manner

3)Y VV %p%VV&V%: For demarcation of powers

4)Y %%p %VV%: Not decentralization as decentralization connotes continual release

of powers from centre. In the pure federal State, the govt. powers are non-centralized

5)Y & )p.p%VV&V%: Supreme lex

6)Y &V,V.{&(p.: To resolve the confliction among the governments and to check
them

7)Y 4(V.:A natural corollary, required to protect the sanctity of the Constitution, difficult to
amend, a permanent document.

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 Y *"p"  considered &p

 

 as the purest federal Constitution.

 Y He studied Indian Constitution and found

* 
  *.

 Y We can say without any hesitation that we don͛t have unitary system but how much pure
federal? It is a question of debate.

5 

* :
  *

 Y Indian Constitution is quasi federal";*"p" <

 Y It is federal with centralized tendencies.{{ <

 Y It is federal biased towards centre.;{
 
''0<

 Y It is no true to any traditional pattern of federalism.;)"p" <

 Y It is federal in which attribution of powers is enjoyed by both the

governments";1
 <

 Y More unitary than federal";{
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 Y Mixture of federal and unitary elements, leaning more towards the latter.;{
  * <

V


Two arguments come before us as to the nature of Indian Constitution are that

1.Y  "

2.Y  

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With the help of following provisions of the Constitution, we can justify that Indian Constitution is
federal.

!" !: union of states/ although the term ͞federal͟ not used but the term ͞union͟ connotes
the same feeling.

#" #: parliament may by law admit or establish new state but can not withdraw any existing
state from the union. Strong unity and denial of withdrawal shows federalism.

$" p
 

: containing 395 articles /22 parts and 12 schedules. In original constitution
there were 8 schedules.

3"
 
'
  
0*: as under Article 300.

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0*"Schedule 2

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0*
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 Independent, supreme judiciary, can resolve federal controversies. "!$+
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2"       Provisions related to federal fabric are difficult to amend required 2/3 majority and
concurrence of half of the state legislatures.  "$>@

!A"  

 All State legislatures take part.  "=3

 Y So we can say that Indian Constitution satisfies certain essentials of federal Constitution.

 Y But as aforesaid, 
* 
   
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 because in some circumstances, central government becomes powerful that͛s why
the term Quasi federal is used for it.


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With the help of following provisions of the Constitution, we can justify that Indian Constitution is
not purely federal.

1)Y , 
  ' :


   p
 

Our Constitutional history reveals that we
have started our journey from unitary constitution and evolved federalism, in this journey
 some unitary tendencies are left in the system which make it quasi federal. Time and again
in various charters there were continue release of governmental powers in favour of states.
It was different from formation of American federal.

-
!@=@Purely unitary.

!@=@Powers were transferred to governor general . 

p
*. Legislative council
was headed by Gov gen in council. But there were no provincial governments.

!@>!V  p

 C For the first time ,provincial govts. were introduced but had
no substantial powers. So centre government started loosing powers.

!@2#: Again some powers were released in the state͛s favour.

!2A2 ) ) 
 
*: Indirect system of election introduced. There were elected
representatives in SLA and they were made empowered to vote and to discuss on budget. It
weakened the then unitary system.

!2!2)

p *

*9V 4" +!2!2DDiarchy was introduced. Provincial
legislatures were empowered to make law on transferred subject with the help of Indian
representatives. Weakened the Unitary structure of the polity.

!2#@% 

: suggested federal system.

!2$=V 4" implemented the pure federal system

!2$?:first general election

!23>the Cabinet mission plan. List system for distribution of powers was introduced.
Residuary powers were vested with provinces

!2=AThe Constitution of India.

2" #Permanent nature of union. No provision for withdrawal.

3.  $Formation, alteration of new state( )* 

   +( State existence based on
centre͛s will.

4. &
(  '


  0


†Y No. of subjects under schedule 7.

†Y No extraterritorial operation to state͛s law.

†Y In some circumstances parliament can make law upon the subject matter of state list.

†Y Residuary powers are vest with the centre.

5. 
*
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6.  
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7.   E
  

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proclaimed by the executive head of the union. All powers are transferred
to the union. List system suspends. Union government can easily suspend the state government.
 $=#
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 0  * (1930s-1970s) is a concept of federalism in which national, state,

and local governments interact cooperatively and collectively to solve common problems,
rather than making policies separately but more or less equally or clashing over a policy in a
system dominated by the national government.

 Y The framers of the Constitution took a due note of the emerging trend of co-operative
federalism in the older federalism.

 Y They realized that government in a federation should arrange not hierarchal nor vertically
rather horizontically.
  Y They realized that in a federation, no lines of commands should run from centre to state .
There should be

 0 *

*  0 *+ then only the ultimate
goal of becoming welfare state can be achieved.

 


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1)Y p
 
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Y The Preamble is like an introduction or preface of a book.

Y As an introduction, it is not a part of the contents but it explains the purposes and objectives
with which the document has been written.

Y So is the case with the ͚Preamble͛ to the Indian Constitution.

Y As such the ͚Preamble͛ provides the guide lines of the Constitution.

Y It set forth the objectives and nature of Indian polity.

The Preamble, in brief, 1   

'E  0of the Constitution in two ways: one, '

  



 
0 and the other+'

  
' 0   . It
is because of this, the Preamble is considered to be the key of the Constitution.

The objectives, which are laid down in the Preamble, are:

 
  •

as Sovereign, Socialist, Secular, Democratic Republic.

(Socialist, Secular added by 42nd Amendment, 1976).

  
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  i.e.,

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  Ã

   

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Preamble to the Constitution of India is not an interior monologue of soliloquy rather it is 
0

 
   

**
  that we the people of India have drafted our own
Constitution and we have resolved to constitute India into Sovereign, Socialist, Secular, Democratic
Republic and to provide some securities to its citizens.

&p V,  

If we read initial and ending para of the preamble,

D"Ã !," *"*&" - .#///// ,""%' #.*!Ã

"#! #. 01" !  "&1" !,

 !!!(

it propounds that the ultimate source of power is WE THE PEOPLE OF INDIA. It invokes that the
constitution is not imposed on us by any external authority rather it is a handy work of we, the
Indians.

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•

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•    Sovereignty is one of the foremost elements of any independent State. It means absolute
independence, i.e., 
0*  


'
 
 
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A country 

   
 
 

(    sovereign country. It is
free from external control. It can frame its policies. India is free to formulate its own foreign policy.
   1
0  - externally free from the control of any foreign power
and internally, it has a free government which is directly elected by the people and makes laws that
govern the people.

†Y  
0  
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• 
- added by the 42nd amendm ent 1976.

>Y It implies to social and economic equality.

>Y 
 
  means there is no discrimination on the grounds of caste, colour,
creed, sex, religion, language, etc. Each one enjoys equal status and opportunities.
 >Y

* 
 means that the government will endeavour for equal distribution
of wealth and to provide a decent standard of living for all, hence a
** * 

*    " 
 
 of both the public and private
entrepreneurship or Mixed economy.

 
 *

SAMANTHA v. State of AP[1997] Establishment of egalitarian social order through rule of

law is Indian socialism.

Distribution of material resources of the community so as to subserve common good.

This is a perfect blend of Gandhian socialism and Marxist socialism but leaning heavily
towards Gandhian socialism that is ANTYODAYA [Last must be developed first]

INSTANCES: Abolition of 
  and 2 , the Equal Wages Act and the Child
Labour Prohibition Act, Nationalisation of banks, Disinvestmen t, MRTP or Anti Competition
policies, Suspension of Privy purse etc.




>Y India is 
  
 

. India is    

+
  


 
 

"In India,   '
FC 
 ʹ the ͚State͛ will not support any
particular religion out of public fund.

>Y Every  0 
is 

believe in, and practice, any religion he/ she belongs to.

>Y State will not discriminate against any individual or group on the basis of religion.

>Y State must treat all religions with equal respect. All citizens, irrespective of their
religious beliefs 
  
" %
 

 

 is imparted in
government or government-aided schools.

 
 *

>Y As India is inhabited by numerous religions so to strengthen democracy, it was

required to make it secular. But   
 *    
* * . As
*    

 while Indian polity 
   
 '
 
 

*
  
"

>Y In ""-
** 0"&9!223] SC stated that  


  and 
*

  
are the essential parts of Indian secularism.
 >Y So Indian secularism is based on 4  5 (,) )-,5 not on
American • 

(*
 

>Y Democracy is generally known as government of the people, by the people and for
the people. [ABRAHEM LINCOLN].

>Y Democracy is a nature of polity on which liberty and equality have been recognised
as inviolable virtues.

>Y Effectively this means that the Government is elected by the people, it is
responsible and accountable to the people. The democratic principles are
highlighted with the provisions of universal adult franchise, elections, fundamental
rights, and responsible government.

 
*
   
  

>Y  


 

>Y  $#=6 !=:

>Y Right to vote to every adult.

>Y The people of India elect their governments at all levels (Union, State and local) by a
system of
 0 
 
G popularly known as "
 *
 0
". Every
citizen of India, who is 18 years of age and above and not otherwise debarred by law,
is entitled to vote.

>Y Every citizen enjoys this right without any discrimination on the basis of caste,
creed, colour, sex, religion or education.


' 

>Y As opposed to a *
 + in which the head of state is appointed on hereditary
basis for a lifetime or until he abdicates from the throne, a democratic 
' is an
entity in which the head of state is elected, directly or indirectly, for a fixed tenure.
The  
  is elected by an electoral college for a term of five years. The
post of the President Of India is not hereditary. Every citizen of India is eligible to
become the President of the country.
 {
Y  
Y  
Y  
Y



 , ' '   $#

   !     %Y

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>Y In a republic, political sovereignty vests in the people and the head of the state is
only the elected by the people for a fixed term.

>Y Instances: Art 54, 56, 58..

{
 

>Y Of  : .

>Y 
+

* 
  "

>Y Justice: 
*  

.

>Y All laws are not justice that͛s why SC and HCs are empowered under the Constitution
itself to make judicial review and to impart complete justice.

>Y  : Art.13, 32, 226, 142, 136 etc.

 ' 
  
 +    


 

>Y Happiness springs from liberty.

>Y  '  

*
* .

>Y Relationship between freedom and liberty: means and goal.

>Y %V%p : Article 19, 21, 325, 301, 25 etc.


 
 >Y * "

>Y 
 

: "

>Y ( 
* *  "

>Y   !3!@+#=+$2+$#= " 


*


 

>Y Composite nature of Indian population.

>Y To strengthen democratic and secular fabric of Indian Polity.

>Y Because Democracy would indeed be hollow if it fails to generate the spirit of
brotherhood among all the sections of the people.

>Y %V%p Article 15, 16, 17, 25, 44 etc.