Hi good evening everyone so in yesterday’s class we were discussing Basics about the concept of state and the concept of Constitution and we’ll now continue our discussion and take it ahead by talking about the manner in which the Indian constitution was written so the body that had been given
The task or the responsibility of writing the Indian constitution was named as the constituent assembly of India now as I’ve told you that constituent assembly of India was elected by the people of India but uh what is Al interesting here to notice that it’s not that we had all the people
Of the country those who voted or it was a case of direct elections as we see in the case of loksabha today election that the entire country has been divided into constituencies and then people are voted as representative from every constituency to represent that particular constituency in loksabha that
Was not the case as far as the constituent assembly of India is concerned so then the question arises that how did constituent assembly of India actually got elected so this is what we are going to discuss now so constituent assembly of India when we discuss about it right so constituent assembly consisted
Of members those who are representatives of the princely states as well as the British provinces in India so of course all of these Concepts will become more clear to you as you people will go ahead in your modern Indian history classes but you people must be having a fair
Amount of idea of how India was organized in terms of poity before the independence was given to India and that is there were some states which were princely states which were ruled by the princes which were ruled by some of the Kings and the princes but uh they owed
Their overall sovereignity to the British CR so even though they were having control in their own territory but it was namesake to a large extent because they knew that at any point of time if the British wanted they could dispose them off and they could place someone else in place of them so
Therefore they always used to listen to what the British would say so one there were some territories in India which were princely States say for example the state of ravenor state of myour state of Hyderabad Etc all of these were the princely states in India apart from that
There were some states in India IND which were ruled by the British directly which were called as the British provinces for example Bengal for example Madras Etc were some of the British provinces and states and they have nothing to do with the provinces or the princely states of that time because the
Boundaries have changed significantly and a whole lot of other things say for example if you look at the state of myour now it had some parts which are included in today’s Andra Pradesh right or it had some parts which are included in today’s Kera so it’s not
NE neily that they will coincide with what were the princely states that existed earlier or the British provinces that exist earlier but one thing is clear that there were some provinces which were or some states which were ruled directly by the British and some states where the princes were in Rule
Now for the British provinces the states which were ruled by the British British had established very similar to the vhan saas of today or the legislative Assemblies of today something called as provincial assemblies and if you don’t understand something right now it is perfectly fine just go along with the flow the reason
For that is because a number of these things would be taken up in your modern Indian history classes so these British provinces also had provincial assemblies which were the lawmaking bodies to a certain extent similar to the legislative assemblies which exist in the States today so provincial assemblies consisted of people those who
Had been elected by the people of the that particular provinces so the citizens of that particular Province let’s say of Bengal Etc some of the chosen people not all the people okay because in India before independence not all the people of India had voting rights it is only those who had some
Land or those who had certain qualification in education or those who had certain amount of money Etc only certain people in India had been given the voting rights in the elections so some handful of people chose the members those who were representing these provincial assemblies in or representing
The people in the provincial assemblies most of these members were either belonging to the Congress or were belonging to the Muslim League right because these were the two major parties at that point of time of course there was Hindu Mahaba ET and all of that as well but largely the two parties that
Existed were the Congress and the Muslim League so the National Congress had most of these members those who were members of the provincial assemblies which had been chosen by the citizens or the population of that particular provinces now the way in which the members of the constituent assembly were chosen was
That some members were to be chosen from pinley States some members were to be sent from the British provinces so how will we divide the seats let’s say if there are 395 seats in total in constituent assembly of India how should they be divided between the princely states and the British provinces they
Were divided on the basis of the population more the population of a particular Province or a princely state more would be the number of Representatives it will have in the constituent assembly so princely states were given an option to send their representatives to the constituent assembly similarly provincial assemblies
Provinces also had given an option to send their members to the constient assembly you know UT Pradesh send some members elected by the members of utar Pradesh legislative assembly those who are representatives of utar Pradesh and rajas saaba similarly karnataka’s legislative assembly would elect people who will be representatives of
Karnataka and rajas saaba not from amongst themselves but they will choose some other people or maybe from among themselves also in case of the provincial assembly provincial assemblies case some of the Voting Rights had been given to the me members of the provincial assemblies which largely included members of Congress to
Choose their representatives to the constituent assembly of India and in princely States because prin States democracy introd you will come to know that alongside the movement which was happening for Freedom struggle in rest of the country in princely States also there was a movement that was started by
Some of the people where they were asking for Democratic reforms to be introduced in princely States they were asking Raj sh prin States Kashmir Hyderabad and in trenor or in junar or in jur or whatever States princely states for there and you bring in democratically elected representatives
There so par movement all India States people’s conference was going on on the parallel to the Congress is something which we will read in your modern Indian history classes but what we need to understand is that the constituent assembly of India consisted of representatives from princely States as well as British provinces princely
States recommended their candidates because there was no democracy here in princely States so the princes or the kings of these states chose some people those who would represent these princely state in the constituent assembly and the British provinces also elected the provincial assembl also elected some Representatives who will represent that
Particular Province Province British province in the constituent assembly of India and this division of seats between the princely states and the British provinces that who will get how many states was dependent on the population of that particular princely State and that particular British Province right now so the overall membership of
Constituent assembly of India was 395 or something like that at the time of the creation of the constituent assembly of India but the first sitting of the constituent assembly of India happened in 1946 and the partition of the country happened in 15 uh on 15th of August uh 1947 when we
Came into uh you know Force as a country as an independent nation the partition had already happened on 14th of August 1947 so most of the members of the Muslim League therefore had moved away from the constituent assembly of India and those seats were left weakened as a
Result the total strength of the constituent assembly of India was reduced to 299 so the final strength of the constituent assembly of India was 299 and let me tell you here very clearly that the constituent assembly of India was largely dominated by members of the congress party okay largely dominated by
Members of congress party but that’s not to say that there were other members or other party people who were not there right for example you had B edar also was not representative of the Congress in fact Congress did not give him any ticket or did not support his candidature to the constituent assembly
So he finally went to East Pakistan East Pakistan or Bangladesh he went which was East Bengal at that point of time East Bengal recommended him Muslim League support So Muslim League and the schedule cast Federation which was the party which had been formed by BR edar he they recommended his
Candidature to the constituent assembly of India anyway the point here is that 299 members of constituent assembly of India were finally given the responsibility of drafting the Indian constitution after the partition had taken place and after the Muslim League members had moved away now the second thing which is interesting to note here
Is that how did these 299 members go about the duty or the uh the responsibility of writing the Indian constitution I discussed that with you in brief yesterday first what happened was that the first draft of the Indian constitution was supposed to be written down and it was written by Sir banra so
Sir banra who was and see names are not important here in poity what is important is just the concept I’m giving you names just so that you understand it as a story so sir ban Ra was was a member of the Indian civil services you know which later on went on to become
The IAS and he was the Constitutional adviser to the constituent assembly of India and was supposed to advise the constituent assembly of India and on the writing of the Indian constitution so he prepared the first draft of the Indian constitution and then he handed over this draft of the Indian constitution as
We discussed yesterday to the drafting Committee of the constituent assembly to constituent assembly multiple committees the work of constituent assembly was divided into various commes of the constituent assembly one such Committee of the constituent assembly of India was the drafting committee which was given the responsibility of further refining this
Draft and then preparing the final draft which would be put in front of constituent assembly of India for its consideration similarly there were various other Committees of cons assembly also but see there were various other committees also there was a committee on the princely states matter which was
Headed by Patel then there was a committee which was related to the minority Affairs that was again headed by Patel right so there were number of other committees also which were supposed to provide suggestions to the constituent assembly of India on different matters but the main task and the responsibility of drafting the
Constitution was given to the drafting Committee of the constituent assembly of India and we have already discussed about that the kind of people those who were present in the drafting committee those who had such great legal knowledge and expertise so these people prepared the final draft and see of course within
The constituents assembly drafting committee itself there were a number of differences you know the interesting part is that it’s not that each one of them was agreeing to each one’s views completely there were differences there were difference of viewpoints between the various members so for example there were difference of viewpoints between B
And ra and BR edar itself BR edar wanted some Provisions to be there in the Constitution B Andra did not want them to be there Etc and we will see that as we will go through our classes in the future course you will realize that how these debates also decided the future
Course of the Indian constitution so this final draft was then given to the constituent assembly of India it was handed over to them and then the constituent assembly members were given the responsibility whatever Provisions are there you discuss each one of them one by one and you suggest amendments also
And if amendments are accepted by a majority of the vote of the house then they will be introduced into the draft Constitution otherwise those changes will be dropped and we can move further to the next article and next article into the next article and so and so forth so by this extensive
Process of debate and discussion the constituent assembly of India after a mammoth run of 2 years and 11 months was able to prepare the final copy of the Indian constitution that that was enacted and signed upon the final draft was ready the final draft CH November 26th of November
19 so it was available on yes it was ready on 26th of 26th of November 1949 the final draft of the Indian constitution was ready right the final Indian constitution was ready and then it was brought into Force see just because a law has been enacted it does
Not mean that it has come into force a law comes into Force only when it is notified by the government so Indian constitution was ready it was enacted that is it was tked by the constituent assembly on 26th of November 1949 but it was actually brought into force that is
It was brought into commencement on 26th of January 1950 why did we delay this entire process by two months if anyone can answer yes yes so it was on 26th of January a few years back in 1929 that in the Lahar session of Congress the demand for pun
Sage or complete Independence had been put forward by the congress party so to commemorate that particular day it was decided that we will go for 26th of January 1950 as the date on which the Indian constitution will commence and India will be established into a republic so formation of the Indian
Republic happened on 26th of January 1950 even though the Constitution was ready on 26th of November 1949 now see the interesting story is that Dr rajendra prashad Who was a very powerful politician at that time see there were three most important politicians in congress party at that time one was
Patel second was Neu and the third was rajendra prashad and in no particular order it’s not that one of them was more powerful than the other one could say that you know the fortunes kept swinging between each one of them so rajendra prashad was to become the first
President of India was also the chairman of the constituent assembly of India and he was a very well respected figure you know the entire constituent assembly revered him and then there was Neu who was going on to go who was already the prime minister of the country and then
He was supposed to be sworn in as the first prime minister of the country also after the constitution of India was going to get enacted formally now the interesting thing is that rajendra Prasad was a person was a very religious person and who believed in you know who had very conservative
And traditional and Orthodox values nothing wrong in that and whereas Neu was someone who came with a very liberal mindset someone who had studied in UK and came with a very different set of values altogether so there was a very interesting incident that took place now see rajendra prashad just like
Politicians of today many of them do that he went to some and told him you know don’t become president you know your fortunes are not in correct this thing but and he was a very religious man so he said not going to be this thing but then and on the
Other handu Patel and a number of other senior leaders in Congress were clear because this is the day when we had asked for pun and all of that and and anyway finally what happened was that you know Dr rajad did not have his way and probably you know it was not in
His stars because towards the latter end of his second term 1950 to 1955 when he was the president of India for the first term to a large extent because see there were serious differences between him andu and you knowu came with a very different set of values and with very different set of
Ideas Rashad came a very different set of ideas and see the interesting thing is if you ever see communication between two of them even though they had vast differences in their opinions even though they did not agree with each other but they never disrespected each other never did they say a single word
About each other in public nor did they even express their disapproval of the others opinion in a manner which our politicians would be very happy to do today right politicians they have no you know the values and the kind of discourse in politics in India which it has Reed today is perhaps the
Lowest right people don’t have anys in calling each and everyone right so that was not the case despite having very serious differences between prashad andu both of them if you ever see their letters something like that at that point of time even if they had differences there was one particular
Event for example rajendra Rashad wanted to go for the inauguration of the S temple in Gujarat n was not in agreement with that n said the head of the state should not be going for any such thing it will show very poorly on the secular character of the Indian state that he’s
Associating himself with one particular religion but one religious ceremony ET so he despite that went ahead so then Neu you know wrote a letter that I you know don’t approve of this and this then he wrote back he says Dear javahar Neu you have said this thing in your last
Letter and I do so there is a lot of mutual respect there is a lot of mutual adoration in fact for that matter when Pandit Neu he went to Bandung for the Nam conference you know the non- Align movement conference now you people would be surprised see I don’t know whether
You people read some factually correct sources or whether you are also relying on WhatsApp University that is another matter but if you really go through the factual sources then the interesting thing is despite such serious differences between the two Neu when he went to bandom conference and when he
Came back and because at this point of time the entire world was divided into two blocks Soviet block and the American Block n says that to do hell with both of you we are going to create our own space because developing countries of the world Independence Soviet or us we
Want that the agenda should be development right now for the develop developing countries of the world or for the newly born countries of the world so he created a new space for the entire developing world including India he led the entire contingent on that so so elated was rajendra Prasad by that
Particular event that he organized a secret ceremony in honor of Pandit Neu despite being his stonest critique let me tell you this rally I can do things as I want to right because by the end of the second term prashad and Neu literally went out of talking terms with each other they were
Not even talking with each other that was the extent of the kind of sness that had emerged in the relationship but despite that the mutual respect was such rajendra prashad was so moved by what Neu had achieved for India at International stage in such a short time
At the Nam conference that he organized a secret ceremony for him at the rashtrapati bavan to commemorate him with batna now lot of stories that will go around that n himself gave batna to him that was that’s not correct actually what happened was that the rajendra prashad organized a secret ceremony
Without even taking an opinion of anyone in the Council of ministers even though president of India is supposed to be just a nominal head not supposed to have any real powers and is not supposed to take any decisions without taking the approval of the Council of ministers he
Went ahead organized the ceremony and he said that bat ratna be conferred on javahar Neu NE was not aware of this so and he in fact mentioned that he was so moved by that gesture he himself went on to record to say that see I know that
What I have done is wrong that I did not take the advice of Council of ministers I did not ask the Prime Minister before organizing the ceremony and giving the award to the prime minister but because what of of what he has achieved at International level for India no one
Ever has been able to raise India stature at International level to such an extent and that is why I believe that he should be the first person in my opinion who should be given this award if there is any person who’s truly a batat it is n so see again
Some people may agree disagree with that that’s not the point the point I’m trying to make here is the mutual respect and the Adoration that ex existed between the politicians at that point of time and even if you look at the constituent assembly debates if you read through them if you read letters
Between Neu and Patel if you read correspondence between Neu and Gandhi between Gandhi and Patel between BOS and Neu between BOS and Patel you will find that there was a lot of mutual admiration for each other despite ideologically being very different all and having contrary views to each other
On various matters they continue to have the basic respect and humility and adoration for each other why I say that also is because just you know in the last class I was telling that to students as well there are a lot of things to learn in this world good
Things bad things you can learn the worst of the abuses you can learn good things as well right there are bad things also to learn from politics there are good things also to learn from politics there are bad examples that have been set in public life are good
Examples it’s our choice that what we look at why I say that is because you people are just beginning your preparation for civil services examination focus on what are the good things focus on what are the value Laden things ensure that you try and emite those values in yourself that you may
Have serious differences with someone but it does not need you to abuse the other person it does not need you to get down to the level of dirty street fights with each other you can always disagree with each other you can always continue to have disagreements and still do that
In a very respectful manner that is how people those who have brains and those who have some kind of matter in between their ears behave people those who are not having any brains people those who are without any kind of Common Sense would of course be saying things against
Each other the way are politicians behave today unfortunately and not just about politicians politicians are just a reflection of our society that’s how we also behave on the streets and that is reflected in our Parliament as well that’s not how our constituent assembly and Parliament used to behave when it
Was created anyway the point I’m trying to make is that after this particular point the Indian Republic was born on 26th of January 1950 and the Indian state was formally brought into creation Now what you need to also keep in mind is that what was happening between 19 47
To 51 see because first general elections in India to loksabha took place in 51 52 okay they started at the end of 51 and till 52 so 47 52 law who was acting as the parliament of India for these five years so the answer is that constituent assembly of
India was playing the Dual responsibility of not only writing the Constitution from 1947 to 1950 but was also playing the role as first parliament of India in the absence of the elected Parliament because it was not possible to conduct elections right at the stroke of Independence possible
Ele and by the of course you need time to prepare for elections so 51 that is when the new newly elected Parliament came into force in 52 before that from 47 to 52 the constituent assembly of India played the Dual responsibility of not only writing the Indian constitution but also acting as
The first parliament of India that was given the responsibility of enacting the new laws in India okay so now constituent assembly of India comes into Force sorry the constitution of India comes into force on 26th of January 1950 India becomes a republic and from here onwards India would be governed as per
This rule book this law framework which would be called as the constitution of India right now few interesting details with respect to that and then we will move further so one is that the body that was given this task or the responsibility of writing of the Indian constitution was constituent assembly of
India here we see one picture of the constituent assembly of India all the members in their full glory and then as I have told you that the first sitting of the constituent assembly of India happened on 9th of December 1946 again dates are not important just for your
Reference and for your information and reassembled as constituent assembly for divided India on 14th of August 1947 okay members were chosen by indirect elections as I told you that people did not directly choose the members of the constituent assembly they chose the provincial assembly members and provincial assembly members in turn
Chose the members of constituent assembly of India of the provincial legislative assembly each province and each princely state or group of states were allotted seats proportional to their respective population roughly in the population of 1 is to 10 L again all of these facts are not important just
Focus on understanding here then further provinces were to elect 292 members were while the princely states were allotted a minimum of 93 seats but after partition the total strength of the constituent assembly of India had been reduced to 299 and the Constitution that was adopted and enacted on 26th of November
1949 and then came into Force commenced on 26th of January 1950 after on 24th of January 1950 signatures had been provided or uh had been appended to the constitution of India by all the members of the constituent assembly so it was a mammoth task if you go through constituent assembly debates they are
Present in multiple volumes and very extensive debates have taken place on whether this word should be there or whether that should word should be there they have discussed even commas that when should a comma be placed in this particular sentence when should uh where whether we should be using avoid or
Whether we should be using something else so every word every sentence in constituent assembly of India was discussed in great detail there were almost 7,635 amendments that were proposed by the various members of the constituent assembly many of them were rejected many of them accepted and
Finally after 2 years 11 months and 18 days Indian constitution was ready one of the bulkiest in fact the bulkiest constitution in the world the longest constitution in the world the lengthiest constitution in the world right in fact one allegation or one criticism that was made against the constituent assembly of
India was that it took too much time to write the Constitution of India there was one famous cartoon so this is one image that you can see that you know there are people like Patel and John maai am ET those who are involved in the writing of you know signing their
Pending their signs to the final copy of the Indian constitution there was this one very interesting cartoon that came up at that point of time so in this cartoon you can see that Neu is having a whip in his hand and then there is edar who’s sitting on the snail which is
Moving at a snail space which is Constitution of India and then the entire population of India is looking at the you know Neu and edar in anticipation the constitution of the country be prepared now see this cartoon was drawn by a cartoonist of that time whose name was Shankar if you ever
Happen to visit bhad here in Delhi there is a dolls Museum as well which which has been you know which has been dedicated to Shankar and which was created by shank very famous cartoonist of that time now that person would have been harassed there is no doubt in my mind you know
Some schedle cast would have come forward and they would have said then some Congress people would have come forward they would have said some random and Har would have also sprung up unnecessarily bringing up their issue right but the tolerance why I’m emphasizing on this again and again
Is that do not forget foret where we have come from we have come from a society we have come from a we come we have a country where people had tolerance to take such cartoons on their chin there was no criticism in fact when he came across this particular picture and many other
Cartoons because shank was very very critical of Neu so Neu mentioned in a statement he told shanka that shanka don’t spare me you know that was the kind of Tolerance which the leaders of India had at that point of time for criticism that they did not
Think how does it matter that is not going to affect my right that was the kind of Tolerance which was there that was the kind of democratic spirit that existed in India at that point of time I keep on emphasizing on this because all
Of us each and every one of us needs to remember where we come from and where we have landed up today we are in such a mess as a society that we lose our minds over smallest of the things that someone else will say about us about our leader
This and that and so many other things people go crazy right but imagine this was the kind of democratic Spirit and the values that India possessed at that time when we enacted our constitution anyway so you know coming to the fact of the matter then we have already
Discussed about the fact that there was drafting committee that was given the responsibility of drafting the Indian constitution and then it was put in front of the constituent assembly of India debated discussed deliberated amendments proposed amendments rejected amendments accepted and the Indian constitution was finally prepared so Mammoth of a constitution prepared on
26th of January 1949 came into force on 26th of January uh 26th of November 1949 and came into force on 26th of January 1950 now the first thing that any person if he has to write a document let’s say if I give you a task that you please
Write down an essay on what should India do in order to win 100 medals at Olympics in 20 40 right so you will start writing the objectives that what is the objective of this particular essay first then only you will be able to write the essay right similarly the
First thing that was done in the sitting of the constituent assembly of India was the introduction of what is called as the objectives resolution so the first prime minister of the country p jaar introduced in the constituent assembly of India what is called as the objectives resolution to the constituent
Assembly of India and this objectives resolution was like a basic statement of objectives that was written which would guide the constituent assembly in its task of writing the Indian constitution so whenever they would be losing their way they could always go back to the objectives resolution read it see what
Are the objectives that we had written in the objectives resolution and try and write the Constitution according to that now see what you also need to keep in mind and I have a question for you when a movie is made first the script is written or first the trailer comes out
Script is written so objective resolution was like a script Indian constitution is like a movie written on the basis of that script now if you a bad director of course then you we were yesterday discussing about an actor right so if you see his movies most of
His movies are so poorly directed that even if the script may have been something else the end product of the movie may be completely different from the script we are not talking of such directors here we are talking of people those who knew what they were writing so
The basic objective resolution was like a script Indian constitution is like a movie and then after the script is written after the movie is made then the trailer comes out trailer is like a summary of the entire movie and that trailer was in form of Preamble of the
Indian constitution now see tell me something will there be similarity between the script and the trailer or not yes because same can be seen in objectiv resolution and the preamble to India’s Constitution Preamble to India’s Constitution is like an introduction to India’s Constitution it’s like a summary
Of the Indian constitution but it was written at the end so pre is very close and similar to the language of the objective resolution of the Indian constitution because that was The Guiding document on the basis of which Indian constitution was written and then Preamble is a summary of the
Indian constitution so if you look at Preamble today and you compare it with the objective resolution that was introduced in the constituent assembly of India they will have they have a very uncanny similarity to each other because it is but natural right so the objectives resolution javal Neu moved
The objectives resolution for the adoption of the constituent assembly of India that will set the way for what the Indian constitution should look like this was moved on 13th of December 1946 passed on 22nd of January 1947 it was Expressions to the ideals and the aspirations of the people of India and
Therefore it was called as the objectives resolution of the Constitution of India right it basically reflected that what we want out of this constitution as people of this country what is the kind of expectation that we haveu and the fundamental objectives guided the drafting members in framing a
Rule book for the governance of the country which ultimately became the very significant Preamble of the Indian constitution so if you look at the objectives resolution you will find that the language is very similar to the language of the preamble to the Indian constitution for example it says that
This constituent assembly declares its firm and solemn resolve to Proclaim India as an independent Sovereign Republic and to draw for her future governance of constitution so then it says that what all territories will be included in India and then it says that all the powers and authority of sovereign Independent India its
Constituent parts and organs of government are derived from the people if you read the preamble to Indian constitution as well it say that we the people of India having solemnly resolved to constitute India into a sovereign socialist secular Democratic Republic hereby at to secure to all its citizens
Jce social political and economic right so that is how it basically goes on and then it says hereby on this particular date do adopt and enact and give to ourselves this constitution so Indian constitution even though some people may raise doubts that see it was not written by people those who were elected
Directly by the Indian population fair enough but there was a practical Challenge and difficulty it was not just it was not possible that we could have created a constituent assembly and then we we could have had elections in India on the basis of the popular vote and then
Elected the constituent assembly and all things that was not possible at that point of time so because of these practical challenges and difficulties we had indirect elections to the constituent assembly of India and then but the real part is that the real Sovereign and the power that gave on the
Basis of which Indian constitution has been written comes from Indian people it was Indian people those who gave power to the constituent assembly of India that you write a constitution on our behalf and then it says wherein shall be guaranteed and secured to all the people of India justice social economic and
Political exact same line PR equality of status and of opportunity again same thing has been mentioned and before the law freedom of thought expression belief faith and worship same things have been mentioned preamble it says that it will secure to all its citizens constitution of India justice social economic and political and then
It says Liberty of thought expression belief faith and worship and equality of status and opportunity and to promote among them fraternity which is nothing but brotherhood amongst all the Indian citizens and assuring the Dignity of the individual as well as ensuring the integrity and the unity of the nation
Right so all those things are mentioned here in the Indian constitutions objective resolution as well it says that wherein adequate safeguards will be provided for minorities so article 29 and article 30 is there article 25 26 27 28 are there backward classes and tribal we have schedule 5 and schedule six in
The Indian constitution that provides special Provisions with respect to administration of those areas where tribals are in majority right then it says and depress in another backward classes there are Provisions in the Indian constitution where State can make special concessions in favor of the backward classes of citizens in
Consideration of the historic Injustice that has been committed against the backward classes of citizens in India including schedule cast including schedule tages including the other backward classes as well and then 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 the Civilized Nation and so and so forth so objectives resolution to the preamble to the Indian constitution often in prelims examination upsc ends up asking questions like what was the first action that was done by the constituent
Assembly of India adopting the objective resolution the preamble to the Indian constitution resembles which of the following option then or it may give you the other way also that objective resolution to the constituent assembly of India finally translated into which portion of the Indian constitution fundamental rights fundamental duties
DPSS Preamble right so you should be aware of the fact that it is the DP the uh the objective resolution that bears very similar resemblance to the Preamble of the Indian constitution and the reason for that we have already understood right so once the Constitution was written after that
Summary was written in form of Preamble which was very similar to objective resolution and then that Preamble was also enacted and adopted and then it was included as the first part of the Indian constitution first on the first page of the Indian constitution you will find that the the preamble to the Indian
Constitution has been mentioned any copy of Indian constitution that you will find you’ll find preamble preamble is like an introduction or a preface to a book it tells you what you can expect as a reader of the book it tells you the mindset of the author of of the book
Similarly preamble to India’s Constitution also tells you the mindset which the makers of the Indian constitution has similarly Preamble also gives you an idea of what you can expect when you read the Indian constitution in detail is that clear to everyone right so please take down a few notes related
To this then we will progress ahead but before that any questions or any doubts anyone has in their minds see some of this one second some of this may seem to be uh too informative initially some of this may also seem like sir it may happen but see one thing that
You have to understand is that in the subject like where everything is so interconnected with each other it’s not possible for me to teach everything in a linear manner so there will be some Concepts which I will be talking about here you may get a bit overwhelmed by those
Concepts it is perfectly fine at this point of time first three four classes just focus on trying to absorb as much as possible right because it is not possible for me as a teacher to convey knowledge to you about everything at this point of time in the class slowly
And slowly we will build the foundation and suddenly when you will reach 7eventh e8th class you will realize that you are comfortable with the subject so it will take a bit of time this is a new subject this may appear to be new Concepts to many of you do not worry
3 is so just keep telling yourself all is well why I tell you that is because it is perfectly okay natural it isly fine do not in any way Panic or be anxious about it it is my responsibility that you grasp each and every concept with Crystal Clear Clarity
Responsibility but just have a bit of trust in the entire process just have a bit of faith and believe me by the time you read third fourth fifth class you will already be very comfortable with the subject yes sir so firstly it’s not that the preamble to the Indian constitution originally
Mentioned that India would be a secular state but then the question is that does that make any difference the answer is no the changes that were introduced in 1976 to the Preamble of India’s Constitution included the word secular in the Preamble that did not change any basic characteristic of Indian
Constitution please keep that in mind because principles of Indian secularism are present in Indian constitution irrespective of whether the word secular has been or has not been mentioned in the preamble to the Indian constitution when you see in the Preamble in the objectives resolution it says that
People will have freedom of belief faith and worship this is nothing but this is principle of secularism only which has been Ed in India’s Constitution right more debate and more discussion we will have on that when we will discuss PR specifically butu SEC ortion soci mention but characteristics already Indian
Constitution present changes that were introduced by IND Gandhi in 42 to the preamble to India’s Constitution were merely cosmetic and superficial in nature introduced because of political exigencies and her political compulsions Reas nothing is going to change about from preamble to India’s constition tomorrow Indian state will go
On to become Theocratic State like that of the other countries where the the state is ruled by a particular religion that’s not the case Indian state will continue to remain a secular because there is article 14 there is Article 15 there is article 16 there is article 21
There is article 25 there is 26 27 28 29 30 and several other provisions of the Indian constitution that reflect the secular character of the Indian constitution so nothing changes in essentiality as a result of introduction or removal of any one particular word in the Preble to India Constitution yes any questions
Yes provincial assemblies elected their members among them yes yes all these details provinal assemblies or Council act reform or reforms and this and government of India Evolution ofan all that will be covered in history classes so in order to avoid repetition I do not necessarily cover that in my
Class I stick necessarily to the Constitution as it was written by the Constitution makers H who will answer that question how did the number of seats in provincial assembly uh in the constituent assembly decline from 395 to 299 because of partition sir Muslim League went away
You need to pay attention in the class and just because you have facility to ask a question you should not ask it even if it has been explained in the class sir you have to be very careful you have to listen in the class anyway any other questions yes sir like in a
Sense laws were enacted before 26th of January 1950 also by the parliament of India right but the constitution of India came into force on 26th of January 1950 there was Indian there waspc there was CPC courts were functioning in the country Indian civil services were there everything was functioning properly
Right there were number of laws also which were there British laws laws already 47 which had force of law but of course the were these were all temporary Arrangements till the time we have our own Constitution and then after that we will take a call on whether we want to
Continue with the existing laws or not yes h of course sir it was written in Parts it’s Constitution writing is a very humongous task sir right drafting legislative drafting is a very specialized exercise with people those who have expertise in that area law right there are courses that are pursued
Low right so it’s a very it’s a very complicated exercise now if you ask me then I would also be at Short of loss of words to describe right because it’s a very complicated exercise that was taken by the constituent assembly of India yes
If you want to read more about it Go and search up on the internet you will find documents on how Constitutions are written there are professors in universities Up Abroad you go to Melbourne University you go to University of Chicago you go to university of pen you go to university
Of columia you will find professors those who have drafted constitutions of various countries of the world right constition drafting law drafting legislative drafting A specialized are specific knowledge or specific expertise yes any other questions okay so please take down a few notes related to the constituent assembly and the
Writing of the Indian constitution Etc and so and so forth yes the constituent assembly the constituent assembly of India the constituent assembly of India was given the responsibility was given the responsibility of writing the Indian constitution of writing the Indian constitution full stop during the British rule during the British rule
India was divided into during the British rule India was divided into princely States princely states and and British provinces were divided into princely States and British provinces full stop representatives from both representatives were both from both were chosen both were chosen to the constituent assembly of India from both were chosen to the
Constituent assembly of India Representatives full stop representatives from the princely states were directly chosen representatives from princely states were directly chosen were directly chosen by the respective princes by the respective princes and those from British provinces and those from British provinces were indirectly elected were indirectly elected by the members
Of were indirectly elected by the members of provincial legislative assemblies were indirectly elected by the members of provincial legislative assemblies seats were divided between princely states and and provinces seats were divided between the princely states and the provinces on the basis of on the basis of population on the basis of
Population on the basis of population full stop post partition post partition the number of members post partition the number of members in the constituent assembly in the constituent assembly was reduced to 299 was reduced to 299 and finally and finally 292 members sorry 284 members and finally 284 members appended their signature
Appended their signature to the Constitution to the Constitution as passed by the constituent assembly to the Constitution as passed by the constituent assembly India chose 26th January 1950 India chose 26 January 1950 to establish the Indian Republic to establish the Indian Republic and to bring and to bring Constitution into
Force and to bring Constitution into Force full stop since the task of writing the Constitution since the task of writing the Constitution was a humongous one was a humongous one the work was divided the work was divided between the various committees the work was divided between the various Committees of the
Assembly between the various Committees of the assembly the first draft of the Constitution the first draft of the Constitution was prepared by Sir B and Ra was prepared by Sir B and ra which formed the basis which formed the basis for the final draft which formed the basis for the
Final draft to be prepared by the drafting committee which formed the basis for the final draft to be prepared by the drafting committee full stop this final draft of the drafting committee this final draft was presented in front of the constituent assembly was presented in front of the
Constituent assembly for its debate and discussion for its debate and discussion for its debate and discussion and after and after 2 years and 11 months and after more than 2 years and 11 months Indian constitution was finally ready was finally ready on 26th November 49 on 26th November 1949
Obje the first task of the constituent assembly of India the first task of of the constituent assembly of India was to adopt was to adopt the objectives of the Indian constitution was to adopt the objectives of the Indian constitution in the form of an in the form of an objectives
Resolution in the form of an objectives resolution full stop it was the very same resolution it was the very resolution or very the same resolution it was the same resolution that formed the basis that formed the basis for the Preamble that formed the basis for the preamble to India’s
Constitution that formed the basis for the preamble to India’s Constitution is that clear to everyone but largely what we have written will be sufficient to just ensure that whenever you read back this entire thing you will be able to get a gist of whatever we have discussed now moving on now see
Indian constitution was indeed a huge step because till that time the only country in the world which was so large in number that had a written Constitution that had a democracy was United States of America and now India was taking that huge leap of faith by becoming the Other
Nation on the face of the Earth with such large population to adopt Dem Democratic principles I’ve have always said that that see democracy is not the perfect form of governance some people came and asked me yesterday that sir we could have adopted some other form of governance of course yes we could have
Gone for monarchy we could have gone for oligarchy we could have appointed a dictator so many forms could have been there but we chose democracy because all through the years of struggle with the British rule one thing we had realized was that it is better to have control in
Your own hand than to give it to someone whom you cannot trust so Indian constitution makers took that giant leap of faith on 26th of January 1950 by giving voting rights to everyone in India everyone irrespective of religion irrespective of cast irrespective of sex irrespective of community irrespective of background and
You know that fact is very very important and significant and I’ll tell you why but you first answer a question for me when were the voting rights given to the women in United States of America 1930s is when the women got voting rights in America when did the
Blacks get voting rights in America after 1960s after the Civil Rights Movement started in United States of America United States of America Prides itself in calling itself the oldest democracy in the world I don’t necessarily agree with that statement a country that took more than 180 years to give rights to its own
Citizens to vote because they have a different color of skin you can very well imagine that what kind of democracy we are talking about here where as on the other hand Indian constition makers these people don’t know anything beyond their religion beyond their Community cast Etc they will not be able to do
Anything mazaki democracy Winston Church made joke he said that I will also see how long democracy will survive in India but the fact of the matter is that we had the courage to give voting rights to everyone and to declare everyone as equal see no one is saying that you know
There is perfect equality in India there in fact India is a deeply unequal Society Dr edar in the constituent assembly of India says that Indian constitution is like a top soil of democracy that I putting on a deeply undemocratic society that is India we always give preference to our
Cast we always give preference to our religion we always give preference to our community before everything else even today but the fact of the matter is that we were courageous enough to give voting rights to everyone and anyone irrespective of educational status irrespective of the skin of their color
Of their skin irrespective of their sex irrespective of their religion irrespective of their cast irrespective of any social status economic status we took that giant leap of faith yes it was the biggest experiment that was made in the history of the mankind but it is an experiment that has proven to be largely
Successful largely successful there are troubles there are challenges there are failures no one can deny that but largely this experiment has proven to be a success that despite 72 years our constitution continues to survive questions I’m not denying that but the fact of the matter is that we do
Continues to survive as a constitutional democracy so Gran Austin one of the foremost constitutional law Scholars had this to say about the Indian constitution when it was enacted he said that with the adoption of the Constitution by the members of the constituent assembly India became the largest democracy in the world by this
Act of strength and will assembly members began perhaps what was the greatest political Venture that was made by the mankind since that originated in Philadelphia in 1787 when the American Constitution was written right so this is very interesting because see I mean I was once traveling in us and I happened
To have a conversation with someone and then the entire conversation was around India and us and the history and this and that and then I just brought out this point that you people say that know the other person said that oh you are the largest democracy we are the oldest
Democracy I said I’m sorry we are not only the largest but we are also the oldest democracy also in many ways because you people did not recognize the voting rights of the blacks till 1960s we gave voting rights to everyone at least the Endeavor was made in the Indian constitution that
Experiment was done whether it is successful or not people can question that no doubt about it but we made an attempt of giving an instilling equality in the Indian Society despite the fact that we know that socially India is a very unequal Society economically we are a very unequal Society soci economically
Social see this is interesting thing when people started converting to Islam a number of people from the depressed classes when they started to convert to Islam that was in order to run away from the kind of atrocities that had been committed against them in the society so they thought that probably Islam will
Provide them a refuge but then look at what happened within Islam within Muslims in India there exist cast system there exist cast discrimination it may appear shocking to people that how can there be casts within Muslims How can there be cast within siks but the fact
Of the matter is that Indian Society is such that cast has permeated across religions Christians can you believe that and not just casts but upper cast and lower casts right so that is the reality of how the cast system and discrimination in the Indian Society permeated across religions permeated across communities
Something that all of us need to be aware of anyway so now the next thing that we need to discuss so basic introduction to the Indian constitution and How It Was Written Etc is done and now we will be discussing about the Salient features of India’s Constitution General discussion just to
Build up some interest in the subject and just to get some idea of the subject now we will do some superficial analysis of what all is exactly there in the Indian constitution what are the most important features of constitution of India so let’s look at some of the features of Indian
Constitution Salient features of Constitution of India is what we will be looking at now sent are the most important features of India’s Constitution now the first thing India’s Constitution is a modern constitution written with modern values and also a heavily borrowed constitution in fact often an allegation is made against the Indian contition
Makers and we will understand what Dr B has to say on this particular allegation but let us first understand what are the various features in India’s Constitution that have been adopted from the other countries of the world and then we will go on to that particular argument whether Indian constitution can be
Called called as a cheap copy or a slavish imitation of the Constitutions of the Western countries of the world or not if there is something really unique about Indian constitution or is it just that copy right so now what are the various features in India’s Constitution which are adopted from the other constitutions
Of the world Okay so Provisions borrowed from others you will also have to use your own wisdom and write down certain things everything cannot be SP you all have to find your own journey to the way to the success in the examination no one else is going to do that for you now
Provisions borrowed from the other constitutions of the world in India’s Constitution see we are heavily we have heavily taken from the British constitution British system say or UK and that’s obvious also because Britain were ruling us British were ruling us for 200 years they had introduced their laws here in India they
Had introduced their various laws made by the parliament of British here in India we were accustomed to the parliamentary system so a number of things in Indian constitution have been adopted from the Britain from UK so what are those things of course first and foremost is the parliamentary system the
Entire parliamentary functioning in India to a large extent is based on the British parliamentary system right from the method of the election of the members of the loab to the kind of Privileges and the powers that the parliamentarians have to qualifications disqualifications ET they are heavily inspired by the British con
Constition and that’s not only because of British constitution because British had introduced the government of India Act of 1935 which was the basis for the writing of the Indian constitution to a large extent so first is that the Parliamentary functioning in India has been inspired from Britain to a very
Heavy extent then of course the position of prime minister the cabinet system of functioning of the government then the election process election system that is the first pass the post method I hope all of you know what is first pass the which is basically whoever wins maximum number of
Votes pulled in a constituency becomes the representative or is chosen as a representative of that particular constituency you will win the elections as simple as that first pass the post system right so first pass the post system election method concept of rule of law is something that has been inspired
From the British system the principle of single citizenship the way Britain has single citizenship system India also adopted single citizenship un likee that of United States of America where there is dual citizenship right so various Provisions in India’s Constitution were inspired by the British and let me tell you IPC crpc CPC evidence
Contract contract Act was written in 1872 Evidence Act written in 1882 IPC written in 1860 but the reason for that is British were Masters at writing law British there was no one parallel to the skill which the British had developed in writing laws the reason they could rule countes such
As India the reason they were the mo biggest imperialist power was because they were Masters at writing laws they were par Excellence when it came to writing laws so therefore it was very natural that we would have picked from the British system into the Indian constitution as well then and see of
Course the other reason of other reason was also because a number of Indian leaders including Gandhi including Neu so many other people had been to Britain had received their education in UK so they knew the British system to a large extent now how did US Constitution have such an influence on the Indian
Contion is also very interesting because right you you had to sail through ship so it would take months for people to arrive at the East Coast of United States of America forget about West Coast so then the question is that how did Indian constitution adopt so many interesting things from the
American Constitution the reason for that that is none other than Dr BR edar because he spent a considerable amount of time in Columbia at Columbia University receiving his second post receiving his second doctorate receiving his second PhD degree he became accustomed with the American system and the American values as well and
Therefore you see a heavy influence of the American system as well on the Indian constitution so the next is that what have we learned from the Americans that is from United States of America now the first and the most important thing that the entire concept of being a republic is something that we
Have adopted from United States of America being a republican democracy United States of America is a republican democracy Republican democracy I will discuss with you it is essentially basically democracy will be elected directly or indirectly and second where the head of the state would be a monarch or a king or a queen
Appointed on the basis of hereditary Britain is a democracy but they Head of the State who is a symbolic head is a monarch is Queen whereas in us the head of the state is not a monarch or a king or a queen it is the president of United
States of America so the concept of a republican democracy and the position of the president to a large extent was inspired by the American system no doubt that America has adopted presidential democracy and India has parliamentary democracy demra we will understand that model model we could have adopted UK
Model we could have adopted the British American model we went for UK model because of number of reasons because we were familiar with the British system because we had already adopted the government of India system and there was some other reasons also so I will discuss about that but we
Adopted the presidential post and even the post of Vice President in India was inspired by the American Constitution then see the most important thing that we have picked up from America is the concept of a written Constitution what is a written Constitution I’ll come to that that the idea of having a written
Constitution is something that was inspired by United States of America because that was the first written constitution of the world then the idea of fundamental rights the Bill of Rights in America that introduced the fundamental rights in the American Constitution inspired the introduction of the fundamental rights within the Indian
Constitution also so Bill of Rights then the concept of judicial review that is the powers of the court to review the actions of the legislature and the exud this is called as the powers of judicial review of a court and this is something that we adopted from the United States
Of America right so heavily inspired by various Concepts in the American Constitution as well especially the concept of judicial review and the Bill of Rights and the aspect of a written Constitution then what about Canada so the Indian federal system the distribution of powers between the
Center and the states in India to a certain extent is based on the Canadian system so federalism in India is resemblant of the Canadian system Amic system I forgot and that is the concept of a bamal legislature United States of America has a bamal legislature like India Senate and what about the Yes
House of Representatives is the equivalent of the House of the people here or Loa here so Senate is the counterpart for Raj saaba or the Council of states which is a representative of the states there and the house of people resembles the House of Representatives in United States of America even though
Senate oraj difference because the senate in United States of America is very powerful they have several powers given to them for example if the American president goes and signs an international treaty somewhere it will not come into force in United States of America until and unless it has been
Approved by the senate in United States indion in fact in India Raja is slightly weaker as compared to Luka in United States Senate and the House of Representatives have almost the same Powers almost same powers on all the matters in fact Senate matters as compared to the House of Representatives
Right then what did we adopt from the other countries Ireland directive principles of State policy now try to break this term directed principles of State policy essentially means that what principles should be directing or guiding the state in its policy directive principles of State policy is like certain number of
Instructions that have been provided to the state in India so that it should perform its functions as per those principles this we adopted from the Irish Constitution from Ireland right so that is also something that can be mentioned here federalism working of the Federation in India inspired by Canada
The emergency Provisions in Indian constitution were inspired by Germany so we have emergency Provisions also in Indian constitution article 352 article 356 Etc all of those are inspired by the German Constitution Japan the principle of procedure established by law I will discuss with you later actually the concept is originated has originated in
Uh United Kingdom but constition Japan Japan is also a constitutional monarchy by the way they also have an emperor but just merely titular heads they are just having nominal Powers they are merely there for symbolic purpose just like President of India right in fact president of India has more Powers than
The British queen or the king if you look at it British king or British right so Japan we adopted the procedure established by law the amendment procedure to the Indian constitution was inspired by South Africa NC you will be able to relate things in a better Manner and you will be able to
Understand things better if you have read something before you come to the class you can always turn up with blank faces also there is no problem but that is going to not be conducive for you yourself and then lastly this is an exhaustive list or Beyond but largely these are the provisions
That were inspired from the other constitutions of the world of course that was not a part of the original constitution of India Russia Soviet say concept of fundamental duties pick up in prelims examination they may give you a question with respect to which value has been inspired from which particular
Constitution of the world Etc and so and so for one student is saying that sir uk2 has bamal legislature that is true but UK May House of Lords or house of Comm house ofs House of Lords is not a popularly elected house it is a house that is based on
Nobility feudal Lords were part of the House of Lords IND Indian SAA is based on the Senate of United States of America okay so it will be wrong to sayal legisl Bal legis that is there but of and nor is it an eled house Raj is an elected body yes indirectly elected but
At least an elected body okay not like Senate Senators directly but at least there is a elected body that is there sir after the movement took place and after the entire Freedom struggle took place so that’s another thing so these are some of the values that were included in the Indian constitution
Adopted from the other provisions of the world or from the other constitutions of the world now see after having seen all of this lot of people say that India’s Constitution bored contition but see that’s not the reality Indian constitution has certain unique things about it which are not present in
Any other constitution of the world what are those things for example when we talk about the Indian constitution one thing which is very unique and special to the Indian constitution is for example abolition of untouchability article 17 of the Indian untouchability is a practice that is Centric to Indian
Society right very Centric to India and therefore Indian constitution makers introduced a provision such as this similarly Provisions related to let’s say article 29 and article of the Indian constitution special rights have been provided to the linguistic and religious minorities in India to protect and conserve their culture and to establish
And administer educational institutions of their own choice this is not only given to religious minorities religious minorities as well as linguistic minorities have been provided right in India for preserving their culture and for providing education they have been given cultural and educational rights unparalleled in any other constitution of the world
Then schedule Five schedule six making special Provisions for those areas where tribals are in large numbers and administration of those areas will take place as per the provisions of schedule 5 and schedule 6 you will not find this in any other constitution of the world very unique provision
Because we gave special protection to our adasis we gave special protection to our indigenous communities if you go across the world you will find that indigenous communities have been wiped off America Indians have been vied off I’m not talking about Indians but we I’m talking about the indigenous people of America
You go to Latin America Inca’s wiped off all the indigenous people wiped off go to Australia indigenous people reduced to a poltry number go to Southeast Asia indigenous people wiped off it’s only India and inria that indigenous people continue to survive see we people started Living a settled life we adopted agriculture we
Adopted a civilized life which which we call a civilized but indigenous people continue to practice and exercise what was exercised as a practice by their ancestors tens and thousands of years back same exercise same practices same rituals India is perhaps one of the only few communities and countries in the
World that has been able to preserve its indigenous culture to a large extent because we have Provisions such as schedule 5 schedule 6 and various other Provisions protecting the interest of the schedule tribes in the country see there is this very interesting thing some do who who all of you have
Anthropology is an optional just two or have you heard of this book called as the selfish Gene no there was a book which was written and which determined the most of the discourse of the mankind during the 19th and 20th Century and that was called as the selfish Gene this book said that
Human beings by their very nature are very selfish hunting and Gathering hunter gatherers for large part of human history we have been hunter gatherers it’s only in the last 5 6,000 years that we have adopted a settled agricultural life of hunter gatherer mentality or Psy of our we so much importance to ourselves
Look at the history of the mankind look at the history of human beings we are just a DOT on that entire timeline do you get that it is not even a drop so some of the scholars of anthropology believe that human beings by their very nature are selfish why because we are hunter
Gatherers by Nature because for large part of our history where we were hunter gatherers why do why are most of the human beings obese right we always T ourselves because right we are greedy gluty right and we are aggressive by Nature selfish Gene says that the moment
You put human beings out of their comfort zone they turn aggressive so human beings by Nature are very selfish but then there comes a contrary point of view they say look at the indigenous communities see if you ever travel to Northeast you go to mizoram you go to
Meala you will find that you go to ladak you will find that the society there people there are very egalitarian people believe in Sharing even if you will have five rupees people will give four Rupees to the other person and keep one rupe with themselves they are very egalitarian
Societies that how egalitarian they are by Nature so and now what happens is the interesting thing see I’m diverting a bit from the topic but I’m trying to tell you you know that how you need to relate and understand a few things so a study was done there is a tribe in
Africa which is an indigenous tribe egalitarianism soet equality they have ways of enforcing equalitarianism what is that way for example if you’re going on hunting and Gathering the rule should be but their society has a very different rule of enforcing egalitarianism and you know what is that when I will go to hunt
I will not use my own bow and arrow I will borrow it from some random person byy some draw and when I will catch the animal or the prey I will give it not to myself but to the person to whom the bow and the arrow belongs so as to ensure
Artificial egalitarianism artificial equality in the society lot of people British when they came to India they said hter you don’t need to teach them civilization they already know democracy they already know equality much more than us they have been practicing that for thousands of years so as per some
Scholars now human beings are actually not selfish it is our Evolution and how we have progressed as a society that has made us selfish because they say that look at these African societies look at these communities in Northeast India look at these communities in parts of andan and nicobar Islands they are
Living in a very egalitarian manner they are not running after they are not running after they trying to share they are trying to care for each other they are living as one so how can you say how does that explain that right so the point I’m trying to make here is
That these practices rituals of indigenous communities their Customs Traditions have been protected in India as a result of Provisions such as schedule 5 and schedule six which you will not find in any other constitution of the world yes of course there are flaws that these Provisions are not implemented
Effectively that is a another challenge you know but Provisions are there the spirit was there the idea and the entire concept was there that we need to protect the rights then see other Provisions in the Constitution as well article 136 of the Indian constitution provides what is called as special leave
Petition powers to the Supreme Court of India now what are these special leave petition Powers I will discuss with you when we will discuss about the Supreme Court but the specially petition powers of SLP that has been provided to the Supreme Court of India is unique to
Indian constitution you will not find it in any other constitution of the world the policy of providing reservation on the basis of Kota you don’t find it in any other constitution of the world per se article 16 Clause 4 of the Indian constitution says that the state can
Make special Provisions in the favor of backward classes of citizens in India when it comes to government jobs not to be found in any other constitution of the world perica affirmative policy but right so Indian constitution often which is blamed that it is a blind copy of the other constitution of the world
It is a wrong notion because yes there are Provisions in Indian constitution that we have inspired from the constitutions of the world but we were writing our constitution in 1950 by that time already most of the Constitutions of the world had been written concept so we of course learned from the
Other constitutions of the world but adjusted it to our society and our context that is different about the Indian constitution there are various unique con Concepts in Indian Constitution which you will not find in other constitutions of the world and what does Dr B edar have to
Say on this particular aspect let’s read that as well so Dr BR edar in constituent assembly of India makes this particular speech he says that one likes to yes one likes to ask whether there can be anything new in a constitution framed at this are in the history of the
World more than 100 years have passed when the first written Constitution was drafted that is he’s talking about America he says that it has been followed by many countries reducing their constitutions to writing what is the scope of a constitution should be has long been settled similarly what are
The fundamentals of a constitution are recognized all over the world given these facts all constitutions in their main Prov must look similar he says that it’s not possible to write something completely new and Innovative just for the fun of it I can’t write something Innovative already things are settled
Then he goes on to say the only new things if there can be any in a constitution framed so late in the day are the variations made to remove the faults and accommodate to the needs of the country he says that the charge of producing a blind copy of the
Constitutions of the other countries is based I’m sure on an inadequate study of the Constitution I have shown what is new in the draft Constitution and I am sure that those those who are who have studied the other constitutions and those who are prepared to consider the matter dispassionately will agree that
The drafting Committee in performing its Duty has not been guilty of blind and such slavish imitation as it is represented to be so he says that you know you can’t say that there are settled principles there are settled Provisions which we have adopted from the other countries of the
World but we have learned from their faults we have adjusted it to the requirements of the country and there are new things also in the constitution of India you can’t blame that we have just copied simply without applying our brain and mind to the other constitutions of the we have indeed
Introduced Innovations in Indian constitution as well so upsc may ask you a question it is often argued that Indian constitution is a copied Constitution blindly copying from the other constitutions do you agree with the statement so of course you should give statements in favor of that as well
That see these are the provisions which are inspired from the other constitutions of the world but at the same time you should say that no there are unique Provisions disc Plus on top of that you talk about the fact what edar is saying that it was not possible to write completely something from
Scratch at so late in the day it was inevitable that we would have learned from the other constitutions learned their faults Incorporated changes into the Indian constitution to suit it to our society and that is what we have done see Article 15 CL it says that state can make special Provisions for
Women and children you will not be able to find in other of the world it came into Force just a few years back but they have introduced changes in their constitution for example our constitution says that there can be no discrimination on the basis of sex their constitution says there can be no
Discrimination on the basis of gender right they have Incorporated that newer understanding with respect to gender today where they understand that you know sex is a very narrow term gender is a broader term that incorporates a lot of other people who may not fall into the conventional definition of a male or a
Female right so that that is what we need to understand so I hope that now you can answer that question that do you agree with the fact that Indian constitution is a blind copy of the other constitution of the world of course not yes we have been inspired yes
We have copied some Provisions also but Indian constitution is that clear so the first and the most important feature we are a modern and a borrowed Constitution right the other thing which we also need to keep in mind is that India’s Constitution is the lest constition of the
World then you will find volumes I have volumes at home written by DD Basu Article 1 to8 is written in this fat book where it has constituent assembly debates important judgments of the Court commentary made by DD Basu and so many other things volume so and so right divided into
Various volumes so Indian constitution is a very bulky and the lengthiest constitution of the world often people say it is a lawyer of paradise written by lawyers for lawyers language only two people are studying the constitution of India one those who want to become civil servants and others those who are lawyers
That is the reason why we have not been able to invite the spirit oftion and people of our country because it is so ly right interesting right so that is what we need to be aware of so we’ll go into a break now after the break I will
Discuss with you why Indian constitution is the lengthiest constitution in the world what makes it one of the lengthiest and what are the reasons for the same okay and then we will continue with the other Salient features of Indian constitution as well I’ll see you in a few
Minutes so someone has asked what is a linguistic minority anyone would want to answer that Minority by Language by language which is spoken so India has more than 2,000 languages which are spoken it may seem like a surprise to many of you but newspaper Hindu have you seen that in hindu’s newspaper yesterday
There was a very elaborate detailed charts that had been provided to discuss about this entire linguistic diversity that India has right more than 2,000 languages in this country many of them don’t even have a script many of tribal languages are just spoken languages so how do we protect those languages yeah Hindi Bajan
Right see other languages are very important how else do you protect the diversity and the culture of this country if we don’t protect the languages so special protection has been provided to those sections of citizens whose language is spoken by a minority section of the society so that they can
Protect their language they can protect their script they have special protection given to them now the second important feature of the Indian constitution which we were discussing is that Indian constitution is the lengthiest constitution of the world so that’s the second thing lengthiest constitution of the world if you look
At the original text of India’s Constitution 395 articles and at present these articles maybe even 500 I don’t know the exact number but by various additions that have been made to the Indian constitution over the years there would easily be 500 articles 500 Provisions that would exist in the Indian
Constitution today so the lengthiest constitution of the world now the question is that why is India’s Constitution so so what are the reasons for that see one big reason for that is India has only a single Constitution both for the states as well as for the union unlike that of United States of
America which has unlike United States of America which has separate constitutions for the states that is one second thing is that Indian constitution not only lays down that single St everything is provided in one single book the second thing is that Indian constitution not only provides the Bas basic Frameworks for the running
Of the country but also provides details with respect to Administration Indian constitution makers did not want to leave anything to therefore they decided that let us try to put as much in the Indian constitution itself so that tomorrow someone cannot just come into power and change the things around for
Example the provisions related to civil services you will not find Provisions related to civil services in other constitutions of the World Provisions related to civil services various administrative details have been provided in Indian Constitution which you do not find in other constitutions of the world for example how elections are supposed to be
Conducted elections Indian constitution similarly a chapter has been provided separately a part has been dedicated to the functioning of the civil services in India then in order to accommodate the diversity of various sections of the society okay in order to accommodate the various sections of the society and their concerns Indian constitution has
Provisions related to schedule cast scheduled tribes obcs Etc right all of these make the Indian constitution bulky in nature we have tried to incorporate the concerns and the Grievances of various marginalized communities in India including religious minorities including linguistic minorities including scheduled cast scheduled tribes obcs Etc all of this makes
India’s Constitution very lengthy makes it very detailed right then see the other interesting thing also about the Indian constitution is that at present if if you look at it even PCH Raj institutions related Provisions have been mentioned in the Constitution Provisions related to the functioning of the municipalities have
Been mentioned in the Constitution these are not this is not a normal practice to include all these details in constitution of a country usually they are left to A legislature ordinary law legislature and that will be it but we have written all of this in constitution of India Provisions related to PCH Raj
Provisions related to scheduled cast Provisions related to Civ Services Provisions related to Center State relations Provisions related to emergency so all of these things have been provided in great detail in Indian constitution and that is what makes Indian constitution so bulky so if someone asks you what are the reasons
Because of which Indian constitution is such a bulky and the lengthiest constitution of the world one reason is because we have a single Constitution so that’s the first reason that you can be giving right second reason is that there are significant details with respect to administration of the country in the
Indian constitution because Indian constitution makers did not want to leave anything to chance because Constitution makers did not want want to leave anything to chance then Provisions related to elections and then Provisions related to the backward sections of the society there are separate chapters there are separate schedules in Indian
Constitution dedicated to the backward sections of the society that is what makes Indian constitution so lendy and see if we had to accommodate the diversity of the country one of the reasons that you can say in simple words is to accommodate the diverse nature of Indian Society Indian constitution has several
Provisions which may not be found in other constitution of the world that is what makes it a very leny Constitution is that clear to everyone right so there are multiple reasons that can be given as to why Indian constitution is such a lengthy Constitution now the third Salient
Feature of India’s Constitution is that India’s Constitution is a written Constitution now some of you may be thinking Constitution no the meaning of a written Constitution versus an Unwritten Constitution Britain has an Unwritten Constitution now what is the meaning of that that Britain or UK has an Unwritten
Constitution it means that laws of England relate ated to Constitution are not collected and written in form of a book at one place like yeah like the Indian constitution Indian constitution was written written Constitutions are written by specially appointed body for that purpose whose purpose is to write the Constitution itself
Constituent assembly of India wrote the Indian constitution and then dissolved because the purpose which they had been created whereas in Britain every day when a law is made by the British Parliament it is a part of the Constitution the only thing is in Britain as it is written in case of
India and in United States of America let me explain it further see in India there are two separate bodies that we need to keep in mind one which is the constituent assembly which was given the task of writing the Indian constitution that was specially appointed for this specific purpose
Which is the constituent assembly of India and Parliament of India has been created as a result of the Constitution of India parliament of India cannot write the Constitution parliament of India has been given the powers to change the Constitution or to amend the Indian constitution India may try to understand in India
Parliament has powers to make two kind of laws one those laws which change the Constitution which are called as constitutional laws or which are called as con Constitutional Amendment laws or Constitutional Amendment acts power of the Indian Parliament to change the Indian constitution by making laws which are called as constitutional
Laws to make constitutional laws and secondly they have powers to make ordinary laws now someone will ask sir what are ordinary laws any law that does not change the Constitution is an ordinary law that is or which is other than the constitutional laws in India Parliament has powers to make constitutional laws
That can change the Constitution and it has powers to make ordinary laws which are other than the constitutional laws ordinary laws IP crpc criminal Amendment Farm laws there are thousands of such laws scattered all over the place but constitutional laws and Constitution are written at one place in form of this
Book called as constitution of India which was written by a specially elected body appointed body which was given the task of writing the constitution written Constitution refers to a concept where all the provisions of Constitution are written at one place and collected in form of a book called as the Constitution whereas in
UK Parliament of UK whatever laws that they make separate Powers every law that is made by parliament of UK every law made by Parliament is part of constitution but there is no separate book in UK where all these laws have been written and the interesting thing is that in UK
All the laws made by the UK parliament are considered to be constitutional laws it is considered to be a part of the Constitution so they are not collected at one place they are all scattered all over so in UK parliament of UK writes the Constitution every day
Because every day they make a law it is part of the UK Constitution because it is not kept at one place whereas in India all the laws are collected at one place istion laws butw mother law which was written by constituent assembly and the other laws which are scattered all over the
Place whereas in UK there is only one law that is made by the parliament all of them are considered to be part of the Constitution and they are also scattered all over the place meaning of an Unwritten Constitution is that Constitution where the laws of the Constitution are not collected at one
Place in form of a codified book whereas meaning of a written Constitution is that all the Constitutional Provisions are collected codified and written in form of one book Unwritten Constitution every law is part of constitution so therefore there is no collection of such laws which is called as constitution of UK SAR laws
Constitution reason in UK first the parliament came into existence they made laws which are part of the Constitution but in India first the Constitution came into existence and then the parliament came into existence as a result of the Constitution so Indian constitution is a written Constitution like that of
America why did America adopt a written Constitution they were also ruled by British by the English they realized Unwritten constition because there are too many powers in the hands of the parliament they can change the law as they want Constitution you remember when we discussed the concept of State yesterday
I kept telling you again and again that the reason of writing a constitution is to curb the powers of the state that it should not become so powerful that it takes away your basic powers only or your basic rights only in America when the English were ruling the Americans
Democracy the but the laws were made by the British the Americans felt they make laws they are saying democracy is there but this is no democracy we don’t want such democracy we want that there should be a written code book as per which all the organs of the state should
Function we don’t want that Parliament should be Supreme Parliament laws or Constitution change is that clear to everyone sir rule of law democracy respect rights respect in UK very good question that why if that is the case then why don’t we see that in UK the government is taking away the
Rights of the people Parliament is snatching the rights of the people because there is a great tradition of parliamentary democracy in UK democracy right they have a great democratic tradition so in that country there is a respect for democracy there is a respect for Parliament and there is
A certain trust that people have of the parliament that they will not misuse their power they don’t debate like that first and foremost they attend the parliament second they debate they discuss they don’t act like holigans see we have a lot to learn from other countries of the world that’s why
I always say that people should travel people should get exposed to the other cultures because we are in imature democracy we don’t really know how to handle this Freedom yet they have been practicing democracy for ages right so they know the value of Freedom which we often make fun of they
Also know and they trust their parliamentarians they trust those who are in power because they know that they will not misuse them there is basic respect for law in that country and parliamentarians also know their that we don’t need to transgress these limits and if we transgress then we will
Be thrown out of power if something wrong will be done people will ask us questions see British introduced the charge system in India they have done away with their charge system right British introduced sedition section 124 a of the IPC I’m section 124 of the
So what what are we doing we are making a mockery of ourselves tilak went to to jail Gandhi went to jail and he says man this is an unlawful unjust law Jud if you have seen Richard at BR Gandhi in that there is a very pecar scene the judge after the
Non-cooperation movement when he’s charged with the Sedition charges he tells him see I know that you are not wrong but the law is such I have full sympathy for you Mr Gandhi if you accept guilt if you plead guilty I don’t want your give it to me
What you want to because I know that your law is unjust I will fight against it I will not accept to say that I’m guilty what have I done wrong I was just speaking for my motherland of because the entire Bar Council stood behind him then there was no other way
So we don’t have respect for Democratic Traditions that’s the reality so Unwritten Constitution ensures parliamentary Supremacy Unwritten Constitution ensures that whatever law that Parliament makes will be part of the Constitution whereas a written Constitution keeps the powers of the parliament legislature in check because the Parliament and the
Legislature also needs to conm with the par with the constitution of the country so that is what is the meaning of a written and an Unwritten Constitution is that clear to everyone yes any doubts any questions that anyone has yes sir H as I told you there is no difference
Between a republic and demy it’s as simple as that Republican democracy and constitutional monarchy are both democracies in Japan in UK they have democracy real power is in the hands of the Prime Minister and the Council of ministers monar is only sitting there as a symbol see often people
Ask can anyone of you give me the reason why they don’t abolish monar in UK not just that pressure cre yes yes London UK then you will find the amount of reverence people have for the crown and you know why because it reminds them of their glorious past they continue to maintain monarchy
System there in UK because they want to show to the entire world that that we once foed you that is what they take pride in and there is a great amount of reverence even though they are not like us but there is a deep amount of reverence which is there for the crown
There in UK of course see that’s also one thing that it is in the the Supremacy racist Supremacy that we once ruled these people how will we show The Glorious past of Britain if we don’t have crown any longer right that is the reason as good as dead
There or the queen does not interfere in decisions of the Prime Minister and the Council of ministers because they that is the reality so they just maintain an arms length distance interfere otherwise they just keep an distance from the policy decisions they don’t try to unnecessarily poke their
Nose into matters of policy that is the reality any other questions what is oligarchy it is basically a rule of some powerful families that is what oligarchy is yes sir not necessarily just because there is Constitution does not mean that there is constitutionalism look at what is happening in Russia going to be
Democracy look at what is happening in Pakistan Constitution is there but military rule is there smoke screen all of this is smoke screen real power is in the hands of the military Libya they had a constitution I told you yesterday Gaddafi changed it and changed it to suit his needs no
Constitutionalism so it’s not necessary that there’ll be constitutionalism see even in UK there is lack of constitutionalism but there is rule of law which compensates for that people have deep reverence for law in UK they trust the legal system that is the reality yes any other questions yes
H of course sir Courts are there of course Courts are there no doubt about it yes ma’am yes of course constitutionalism is a concept that protects democracies because it ensures that the powers of the government or the state remain in check as per the Constitution itself but
Is it the only and the sufficient requirement of course not there are many more other things that are required there has to be a culture of constitutional morality constitutionalism see edar actually said this is a deeply undemocratic Society but till the time the spirit of constitutionalism spirit of constitutional inquiry and morality does
Not pervade into each one of us we will remain to be a democracy right that is what the reality is because Brahman will try to subjugate the dalit X will try to subjugate y y will try to subjugate Zed and it will continue Rich will continue
To subjugate the the poor and it will continue There is no doubt about it so he says that this will only go away when the spirit of constitutional morality imbes and pervades through all of us and that’s not an easy thing it will take years and centuries and years of
Education and telling and drilling it down into the generations of the country that what constitution of India is and what is the philosophy behind it okay yes please write down something related to written Constitution now India adopted India adopted a written Constitution inspired by India adopted a written Constitution inspired by
USA as compar comp to UK as compared to UK compared to UK which has a written Constitution uh which has an Unwritten Constitution sorry as compared to UK which has an Unwritten Constitution which has an Unwritten Constitution full stop a written Constitution is one a written Constitution is one
Where all the provisions of the Constitution where all the provisions of the Constitution are codified or written are codified or written at one place at one place in form of a book in form of a book in India the Constitution came first in India the Constitution came first and then the parliament was
Created and then the parliament was created as a result of the Constitution and then the parliament was created as a result of the Constitution full stop next paragraph on the other hand on the other hand Britain has an Unwritten Constitution on the other hand Britain has an Unwritten Constitution where
Where all the laws made by the parliament where all the laws made by the parliament are considered as are considered as a part of the Constitution where all the laws made by the parliament are considered as a part of the Constitution that is that is in Britain Parliament writes the
Constitution that is the parliament writes the Constitution every single day whereas in India and USA whereas in India and USA specially appointed bodies specially appointed body specially appointed body was given the task was given the task of writing the constitution specially appointed body was given the task of writing the
Constitution now one online student is ask sir Constitution because hares you you will have to rely on some other law someone sexually assault someone Equity how will you criminally penalize that person who has sexually assaulted someone you will have to do that on the basis of ordinary law and
See Constitution should not be changed every day cannot be so fible therefore you have given powers to the parliament which is the representative of the people to change the laws and to write new laws on the wishes of the people see parliamentarians are supposed to reflect the wishes of the people of
The country and make laws as for the wishes of the people of the country that’s why you need ordinary laws even the law made by legislature is not detailed administrative authorities you need to provide them some room of maneuverability that is basically jumping the traffic light is going to be an
Offense but exact detail of how this law is going to operate detail has to be made by the executive which is executing that law that’s why they make rules under the law delated legislation con anyway I will get to that later but to detail out things Administration is not a child’s
Play Administration is a very detailed thing ad is not such an easy task it’s a mammoth of a task so what you are preparing for when you get into I is not ex-friend there are many other things in administration that you need to do please get out of this fictitious world
And go and see what administration really means it means to be able to deliver services to the people it means to be able to execute the policies of the government it means to be able to execute the laws of the made by the legislature and that requires a lot of
Detail and complexity which is not so so easy as it seems right you are also under the law will catch hold of you and it will catch hold of you that you won’t even understand how right so fictitious Movie World anyway now the fourth thing which is another feature of Indian
Constitution Salient feature of India’s Constitution is that Indian constitution is a Federal Constitution so we have adopted what is called as a federal framework in India see India is such a huge country that it was not possible to run this country sitting from Delhi abbar realized this mistake and
The entire mugal Empire had to pay the cost for this for centralized administration of the M Administration where the entire mugal Empire was run from Center many other rulers of the past have also realized this and considering the kind of diversity that we have in India problems in nagaland
Are very different from problems in Kerala and problems in Gujarat are very different from problems in Tamil Nadu you cannot expect a simple single person sitting in Delhi to be taking all the decisions with respect to Tamil Nadu Gujarat nagaland every other state of the country to satisfy all the people
Therefore we decided that let us go for a Federal Constitution which basically means that powers of the state are divided at two levels one which will be the center or the national government and the national legislature which will be concern with national priorities and then the other would
Be state or Regional government and Regional legislature which will be concerned with regional or local priorities Law and Order public order land agriculture Drinking Water Sanitation Public Health primary education are responsibilities of the state because requirement you cannot have a straight jacket formula for all the for all the
Parts of the country you need to have separate L installed government closer to the people where they will exercise powers on Regional issues and they will exercise powers on the national issues so powers of the state in India are divided at two levels at the center and
At the state level more about federalism later but just write down a simple sentence related to Federal Constitution that India has adopted a federal form of constitution India has adopted a federal form of Constitution where powers of the state where powers of the state are divided at two
Levels where powers of the state are divided at two levels one at National level one at National level and two at Regional level powers of the state have been divided at two levels one at the national level and the other one at the regional level Full Stop on the other
Hand federalism disc on the other hand Britain has a unitary system on the other hand Britain has a unitary system where all the powers are concentrated where all the powers are concentrated at Central level where all the powers are concentrated at Central level full stop this system that is the unity system
This system is more successful this system is more successful in countries of smaller size is more successful in countries of smaller size we will discuss more about federalism later okay so right now I’m not going to entertain any questions on federalism basic that federalism basically means division of power state
Two levels one at National level and the regional level when we will discuss in the next class we will talk about federalism in detail why did India adopt federalism what are features of a federal poity is India truly a Federal Constitution or not Etc and so on so
Forth now next feature of India’s Constitution is that India’s Constitution is sorry India’s Constitution is more flexible than rigid now the question is that what is the standard of rigidity what is the standard of flexibility on the basis of which we are saying that Indian constitution is more flexible than it is
Rigid see we say that Indian constitution is more flexible in comparison to which Constitution American Constitution Indian constitution is more flexible in comparison to the American Constitution American Constitution has been amended 27 times in more than 230 years Indian constitution has been amended 106 times often each amendment in
Introducing multiple changes in the Indian constitution in less than 75 years you draw your own mathematical comparisons and see that which is more flexible and which is more rigid Indian constitution is much more flexible than the American Constitution this also tells us one more thing that Indian constitution is more organic and
Adaptable to change and adaptable to change American Constitution has not undergone that kind of change see some people may say that it’s a good good or bad and I will discuss with you that how actually one of the reasons for such so many amendments being made in the Indian
Constitution is a wrong example that was by n and his cabinet what they did was that whenever they found that the court judgment is against us against the government or the legislature they would change the Constitution so that their actions could be justified and the Judgment of the Court could be nullified Amendment
1951 India introduced the first constitutional amendment act right after few months of enacting the Constitution and why because they were facing legal challenges in the court the government was facing legal challenges so they changed the Constitution that set a bad Trend reason but anyway we will discuss
About it okay what we need to keep in mind is that Indian constitution is more flexible as compared to the American Constitution the other thing is but see it’s still rigid rigid in comparison to so rigid in comparison to UK because UK R Constitution as laws are made a new
Constitutional law is added in UK in comparison to UK so no doubt that we are not as rigid as United States of America and see in United States of America one of the reasons for their rigidity also is that any constitutional change has to be approved by the states also or United
States of America States in India most of the changes in the Indian constitution can be introduced by the parliament alone and can be passed also without any sweat being broken by the parliament only in few circumstances that you need the approval of the state legislatur as well for the changes in the Indian
Constitution States at least three by four of the states when they will give an approval then only the constitution of America will stand changed that is not the case in India but when you compare it to the British constitution of course Indian constitution has more rigidity as compared to the British constitution
Because Britain has con as concept of parliamentary Supremacy right so another important feature of India’s Constitution and then we’ll call it off a class today so please write down Indian constitution is more flexible than the American Constitution Indian constitution is more flexible than the American Constitution which has implicit rigidity
Which has implicit rigidity introduced into it which has implicit rigidity introduced into it full stop whereas whereas when compared to the British constitution whereas when compared to the British constitution Indian constitution is more rigid in nature Indian constitution is more rigid in nature as as in Britain as in Britain the parliament
As in Britain the parliament changes the Constitution every day as in Britain the parliament changes the Constitution every day once online student has asked that sir can we say that Unwritten Constitution work for smaller countries no that’s not that’s a wrong conclusion to make in fact Unwritten Constitution concept UK 13th century 12th
Century WR Constitution concept exist WR all the information will be present on this one device that will come on the palm of your hand and you can get all the information in the world on the basis of this no would believe you no one could conceptualize that no
One could think about it Americans concept written it was because of the distrust that the Americans had developed for institutions how they were governed by the British by the English they had grown distrustful of that entire system democracy democracy elected government elected government but they are not
Listening to us they are making laws as for whims and fancies we don’t want such a government we want one that is abiding by the basic rules of the country that’s why they came up with the concept of a written Constitution so to draw the conclusion that it is suitable for
Smaller countries or larger countries Etc is not correct concept and then later on of course most of the countries of the world after 18th century have gone on to adopt a written Constitution because they believe that that is more conducive for a democracy because it ensures that the Democracy
Will last longer will be more sustainable irrespective of whoever comes into Power because cred people can come into power anywhere so that’s why it’s an insurance written Constitution is an insurance we always have the Constitution to rely back on to go back to in parliamentary democracy such as
United Kingdom there is no insurance if Parliament turns Rogue tomorrow in UK then I don’t know what the citizens are going to do it’s going to be Mayhem but fortunately for them they have trust in their systems they have why Nations fail small thing city which is on one side of the Border
In United States of America and one which is on Mexico side don’t geographical condition same background same climatic condition same culture same so many things same but still they show that the difference in in the functioning of the government there and on this side of the Border they say the
Reason for that is countries fail Nations fail when institutions fail when institutions are destroyed when institutions get compromised that is when Nations fail and see let me tell you you and I cannot see when the nation is feeling they were able to conquer this country over a period of
Time this is the reason why this country went to dogs Pakistan has gone to Dogs N the institutions have failed there only institution that survives there is the Army everything else has failed right that’s why they say that protect the institutions protect the institution Integrity that is how you protect
Democracy you protect Parliament you protect the legislature you protect the Democracy you protect the Judiciary you protect the Press you protect the election commission that is how you protect democracies otherwise anything can happen any questions okay thank you so much I don’t think that we have a
Class next week so whenever we meet next to next week then we will take up the rest of the topics okay thank you so much
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