Role of World Bank, IMF WTO & other Important International Organisations in world Economy:-

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World Bank

The International Bank for Reconstruction and Development (IBRD), commonly referred to as the World Bank, is an international financial institution whose purposes include assisting the development of its member nation’s territories, promoting and supplementing private foreign investment and promoting long-range balance growth in international trade.

The World Bank was established in December 1945 at the United Nations Monetary and Financial Conference in Bretton Woods, New Hampshire. It opened for business in June 1946 and helped in the reconstruction of nations devastated by World War II. Since 1960s the World Bank has shifted its focus from the advanced industrialized nations to developing third-world countries.

Organization and Structure:

The organization of the bank consists of the Board of Governors, the Board of Executive Directors and the Advisory Committee, the Loan Committee and the president and other staff members. All the powers of the bank are vested in the Board of Governors which is the supreme policy making body of the bank.

Capital Resources of World Bank:

The initial authorized capital of the World Bank was $ 10,000 million, which was divided in 1 lakh shares of $ 1 lakh each. The authorized capital of the Bank has been increased from time to time with the approval of member countries.Member countries repay the share amount to the World Bank in the following ways:

  1. 2% of allotted share are repaid in gold, US dollar or Special Drawing Rights (SDR).
  2. Every member country is free to repay 18% of its capital share in its own currency.
  3. The remaining 80% share deposited by the member country only on demand by the World Bank.

Objectives:

The following objectives are assigned by the World Bank:

 

  1. To provide long-run capital to member countries for economic reconstruction and development.

 

  1. To induce long-run capital investment for assuring Balance of Payments (BoP) equilibrium and balanced development of international trade.

 

  1. To provide guarantee for loans granted to small and large units and other projects of member countries.

 

  1. To ensure the implementation of development projects so as to bring about a smooth transference from a war-time to peace economy.

 

  1. To promote capital investment in member countries by the following ways;

 

(a) To provide guarantee on private loans or capital investment.

 

(b) If private capital is not available even after providing guarantee, then IBRD provides loans for productive activities on considerate conditions.

 

Functions:

 

World Bank is playing main role of providing loans for development works to member countries, especially to underdeveloped countries. The World Bank provides long-term loans for various development projects of 5 to 20 years duration.

 

The main functions can be explained with the help of the following points:

 

  1. World Bank provides various technical services to the member countries. For this purpose, the Bank has established “The Economic Development Institute” and a Staff College in Washington.

 

  1. Bank can grant loans to a member country up to 20% of its share in the paid-up capital.

 

  1. The quantities of loans, interest rate and terms and conditions are determined by the Bank itself.

 

  1. Generally, Bank grants loans for a particular project duly submitted to the Bank by the member country.

 

  1. The debtor nation has to repay either in reserve currencies or in the currency in which the loan was sanctioned.

 

  1. Bank also provides loan to private investors belonging to member countries on its own guarantee, but for this loan private investors have to seek prior permission from those counties where this amount will be collected.
International Monetary Fund(IMF)

The major roles of the International Monetary Fund are as follows:

  1. To promote international monetary cooperation through a permanent institution which provides the machinery for consultation and collaboration on international monetary problems.
  2. To facilitate the expansion and balanced growth of international trade, and to contribute thereby to the promotion and maintenance of high levels of employment and real income and to the development of the productive resources of all members as primary objectives of economic policy.
  3. To promote exchange stability, to maintain orderly exchange arrangements among members, and to avoid competitive exchange depreciation.
  4. To assist in the establishment of a multilateral system of payments in respect of current transactions between members and in the elimination of foreign exchange restrictions which hamper the growth of world trade.
  5. To give confidence to members by making the general resources of the Fund temporarily available to them under adequate safeguards, thus providing them with opportunity to correct maladjustments in their balance of payments without resorting to measures destructive of national or international prosperity.
  6. In accordance with the above, to shorten the duration and lessen the degree of disequilibrium in the international balances of payments of members.“Articles of Agreement: Article I—Purposes,” International Monetary Fund
World Trade Organization(WTO)

The important objectives of WTO are:

1. To improve the standard of living of people in the member countries.

2. To ensure full employment and broad increase in effective demand.

3. To enlarge production and trade of goods.

4. To increase the trade of services.

5. To ensure optimum utilization of world resources.

6. To protect the environment.

7. To accept the concept of sustainable development.

Functions:

The main functions of WTO are discussed below:

1. To implement rules and provisions related to trade policy review mechanism.

2. To provide a platform to member countries to decide future strategies related to trade and tariff.

3. To provide facilities for implementation, administration and operation of multilateral and bilateral agreements of the world trade.

4. To administer the rules and processes related to dispute settlement.

5. To ensure the optimum use of world resources.

6. To assist international organizations such as, IMF and IBRD for establishing coherence in Universal Economic Policy determination.

 

The Asiatic Society of bengal

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? founded in 1784, by Sir William Jones, a British lawyer and Orientalist, to encourage Oriental studies.

? it was the vehicle for his ideas about the importance of Hindu culture and learning and about the vital role of Sanskrit in the Aryan languages.

? Headquarters are in Kolkata.

? The society owns an art collection that includes paintings by Peter Paul Rubens and Joshua Reynolds.

? The society’s library contains some 100,000 general volumes, and its Sanskrit section has more than 27,000 books, manuscripts, prints, coins, and engravings. The Journal of the Asiatic Society of Bengal is published regularly.

 

Famous Personalities of Fredom Struggle of India

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Keshab Chander Sen :-

? was an Indian Bengali Hindu philosopher and social reformer who attempted to incorporate Christian theology within the framework of Hindu thought.He was born on 19th November 1838 in Kolkata. He was a descendant of the medieval Sena kings of Bengal.

? He was so influenced by the ideas of Brahmo Samaj that he joined the Calcutta Brahmo Samaj in 1857.

? At the age of 19, Keshab Chandra Sen started social work by establishing an evening school for adults.

? He used the medium of Press to spread social consciousness and development.

? he started a fortnightly journal ‘Indian Mirror’

? Keshab Chandra Sen was associated with many revolutionary programs of social reform like liberation of women from the social bindings, education of women and the poor workers, eradication of social evils like untouchability and casteism, spread of vernacular and various charitable works for the oppressed people.

? He took the initiative to introduce legislation to curb polygamy and child marriage and promoted inter-caste marriage.

? he was given the title of ‘Acharya’ of the ‘Brahmo Samaj’ by Devendranath Tagore. But due to the differences in the beliefs and philosophies of Devendranath Tagore and Keshab Chandra Sen, Brahmo Samaj split into two.

? founded his own breakaway “Brahmo Samaj of India” in 1866

? he propagated the Navavidhan, the New Dispensation or the Religion of Harmony. He preached bhakti, which was inspired from both Chaitanya and Christ.

 

Theodore Beck:-
was a British educationalist working for the British Raj in India, who was invited by Sir Syed Ahmed Khan to serve as the first principal of the Muhammadan Anglo-Oriental College at the age 24. in Aligarh, which would later evolve into the Aligarh Muslim University. He was also opposed to join the Congress.

Khan Abdul Ghaffar Khan

? An Afghan Pashtun political and spiritual leader known for his non-violent opposition to British Rule in India.

? A lifelong pacifist, a devout Muslim,and a close friend of Mohandas Gandhi

? he was also known as Fakhri Afghan (“The Afghan pride”), Badshah Khan and Sarhaddi Gandhi (Urdu, Hindi lit.,
“Frontier Gandhi”)

? he decided social activism and reform would be more beneficial for Pashtuns. This ultimately led to the formation of the Khudai Khidmatgar movement (Servants of God). The movement’s success triggered a harsh crackdown

against him and his supporters and he was sent into exile.

? It was at this stage in the late 1920s that he formed an alliance with Gandhi and the Indian National Congress. This alliance was to last till the 1947 partition of India.

? Ghaffar Khan strongly opposed the Muslim League’s demand for the partition of India.
? In 1987 he became the first person without Indian citizenship to be awarded the Bharat Ratna

Sajjad Zaheer

? was a renowned Urdu writer, Marxist thinker

? Famously known as Bannay Mian, Zaheer was born in Lukhnow, the former state of Oudh

? He was one of the founding members of the Communist Party of India and later in 1948, the Communist Party of Pakistan, along with Faiz Ahmad Faiz.

? A collection of short stories, Angaray, which had stories by Sajjad Zaheer

? and was immediately banned in India by the British Government in 1933, “for hurting the religious susceptibilities of a section of the community.” This gave rise to the All-India Progressive Writers’ Movement & Association of which both Sajjad Zaheer and Ahmed Ali were co-founders.

? The first official conference of the Association was held in Lucknow in 1936 which was presided over by Munshi Premchand.

? LITERARY CONTRIBUTION:-London Ki Ek Raat- a novel.,Roshnai, a collection of essays on progressive writing and the progressive writers movement., Zikre Hafiz, his research based book on Persian poet Hafez.,Pighla Nilam, his last book,a collection of his poetry.

WW HUNTER

? Scottish historian, statistician, a compiler and a member of theIndian Civil Service, who later became Vice President of Royal Asiatic Society

? In 1869 Lord Mayo, the then governor-general, asked Hunter to submit a scheme for a comprehensive Statistical Survey of India. And the The Imperial Gazetteer of India was published in 1881.

? In 1882 presided over the commission on Indian Education

? in 1886 he was elected vice-chancellor of the University of Calcutta.

Achyut Patwardhan

? was an Indian independence activist and political leader and founder of the Socialist Party of India. He was also a philosopher who believed fundamental change in society begins with man himself,

? He studied Communist and Socialist literature, resigned his Professorship and plunged in 1932 into Gandhiji’s civil disobedience movement. He was imprisoned several times.
? In 1934 he and his associates in jail formed the Congress Socialistic Party with a view to working for socialistic objectives from within the Congress.

? He took a prominent part in the Quit India movement. he went underground, and ably directed the movement of a parallel government mainly in the Satara district.

? In 1947 they formed the Socialist Party of India, independently of the Congress. In 1950 Achyut retired from politics

LALA HAR DAYAL

? Indian revolutionary and scholar who was dedicated to the removal of British influence in India.

? On a Government of India scholarship to St. John’s College at Oxford, he became a supporter of the Indian revolutionary movement. In 1907 Har Dayal resigned his scholarship

? He returned to India in 1908 to further indigenous political institutions and to arouse his countrymen against British rule, butthe government thwarted his work, and he soon returned to Europe.

? In 1913 he formed the Ghadar rebellion (Gadar) Party to organize a against the British government of India.

Jiddu Krishnamurti

? was an Indian writer and speaker on philosophical and spiritual subjects. His subject matter included: psychological revolution, the nature of the mind, meditation, human relationships, and bringing about positive change in society

? He constantly stressed the need for a revolution in the psyche of every human being and emphasized that such revolution cannot be brought about by any external entity, be it religious, political, or social.

? He claimed allegiance to no nationality, caste, religion, or philosophy, and spent the most of his life traveling the world, speaking to large and small groups and individuals

? His supporters, working through non-profit foundations in India, Great Britain and the United States, oversee several independent schools based on his views on education.

Gopi Krishna

? was a yogi, mystic, teacher, social reformer, and writer

? His autobiography is known under the title Kundalini: The Evolutionary Energy in Man.,in it he has put this amazing aspect of our nature in a logical, consistent and scientific light, and presented us with a new understanding of the goal of evolution, both as individuals and as a species.

? he himself has started to search the life of geniuses and enlightented persons in history for clues of kundalini awakening. He proposed an organisation to be erected to conduct scientific research on the matter. The research should, according to him, consist of research on biological processes in the body, psychological and sociological
research of living persons. According to Mr. Krishna the lives of historical persons should also be investigated.

Sir Muhammad Iqbal or Allama Iqbal
? was a philosopher,poet and politician in British India who is widely regarded as having inspired the Pakistan Movement.

? He is considered one of the most important figures in Urdu literature, with literary work in both the Urdu and Persian languages

? his best known Urdu works are Bang-i-Dara, Bal-i-Jibril, Zarb-i Kalim and a part of Armughan-e-Hijaz.

? Iqbal became a member of the London branch of the All India Muslim League,in one of his most famous speeches, Iqbal pushed for the creation of a Muslim state in Northwest India.

? Pakistan Government had recognised him as its “national poet”

Tanguturi Prakasam Pantulu

? was an Indian politician and Freedom Fighter , prominent Telugu barrister and the first Chief Minister of the Indian province Andhra state. He was also known as Andhra Kesari

?  He was elected the general secretary of the Congress Party in December 1921 at the Ahmedabad session

Maulana Mohammad  Ali and Maulana Shaukat Ali

? were Indian Muslim leaders, activists, scholars, journalists and poets, and was among the leading figures of the Khilafat Movement

? Maulana Mohammad Ali Jouhar had spent four years in prison for advocating resistance to the British and support for the caliphate.

? publish the Urdu weekly Hamdard and the English weekly Comrade.

? form the All India Khilafat Committee. The organization was based in Lucknow,

? In 1920 an alliance was made between Khilafat leaders and the Indian National Congress, to work and fight together for the causes of Khilafat and Swaraj.

? Many Hindu religious and political leaders identified the Khilafat cause as Islamic fundamentalism based on a pan-Islamic agenda. And many Muslim leaders viewed the Indian National Congress as becoming increasingly dominated by Hindu fundamentalists and thus the Ali brothers began distancing themselves from Gandhi
and the Congress.

Dr. Dhondo Keshav Karve

? popularly known as Maharishi Karve, was a social reformer in India in the field of women’s welfare.

? Mr Karve decided to continue the work of promoting women’s education in India. The Government of India awarded Dhondo Keshav Karve its highest civilian award, Bh?rat Ratna,

? founded Widhaw?-Wiw?hottejak Mandali, which, besides encouraging marriages of widows, also helped the needy children of widows.

? established a Hindu Widows’ Home Association

Baba Sohan Singh Bhakna

? was as Indian revolutionary, the founding president of the Ghadar Party, and a leading member of the party involved in the Ghadar Conspiracy of 1915.

? Tried at the Lahore Conspiracy trial, Sohan Singh served sixteen years of a life sentence for his part in the conspiracy before he was released in 1930.

? He later worked closely with the Indian labour movement, devoting considerable time to the Kisan Sabha and
the Communist Party of India.

Alluri Sita Rama Raju

? was an Indian revolutionary involved in the independence movement.

? Raju led the ill-fated “Rampa Rebellion” of 1922–24, during which a band of tribal leaders and other sympathizers fought against the British Raj. He was referred to as “Manyam Veerudu” (“Hero of the Jungles”) by the local people.

Baba Ram Chandra or Shridhar Balwant Jodhpurkar

? was an Indian trade unionist ,who organised the farmers of Oudh, India into forming a united front to fight against the abuses of landlords in the 1920s and 1930s ,and formed the Oudh Kisan Sabha

? He was also an influential figure in the history of Fiji, and owed his inspiration to take up the cause of the down-trodden to his 12 years as an indentured labourer in Fiji and to his efforts to end the indenture system. He was a Brahmin, of Maharashtrian origin. He left for Fiji as an indentured labourer in 1904

Sir Thomas Roe

? diplomat and author who advanced England’s mercantile interest in Asia and was prominent in negotiations during the Thirty Years’ War.

? Roe began his diplomatic career in India as ambassador to the court of the Mogul emperor J?h?ng?r.

? As ambassador to Constantinople (1621–28), Roe obtained increased privileges for the English merchants trading in the Ottoman Empire.

? He negotiated a treaty with Algiers, then subject to Ottoman rule, resulting in the release of several hundred Englishmen captured by the Barbary pirates

Romesh Chunder Dutt

? was an Indian civil servant, economic historian, writer, and translator of Ramayana and Mahabharata.

? As an ics officier Dutt was especially troubled by the lack of assured tenants’ rights or rights of transfer for those who tilled the land. He considered the land taxes to be ruinous, a block to savings, and the source of famines.

? .He was president of the Indian National Congress in 1899.

? Dutt served as the first president of Bangiya Sahitya Parishad

? Dutt traced a decline in standards of living to the nineteenth-century deindustrialization of the subcontinent and
the narrowing of sources of wealth

? Wrote economic history of india under british rule

Lakshmi Bai, the Rani of Jhansi

? was the queen of the Maratha-ruled princely state of Jhansi, situated in the north-central part of India.

? She was one of the leading figures of the Indian Rebellion of 1857 and a symbol of resistance to the rule of the British East India Company in the subcontinent.after she was forcibly retired by the British due to a controversial law of “Doctrine of Lapse”

? Hugh Rose ,the army commander ,commented that the Jhansi Rani Lakshmibai is “personable, clever and beautiful” and she is “the most dangerous of all Indian leaders ”

Lala Har Dayal
? was a Indian nationalist revolutionary who founded the Ghadar Party in America.

? The movement began with a group of immigrants known as the Hindustani Workers of the Pacific Coast.

? In a letter toThe Indian Sociologist he started , published in 1907, to explore anarchist ideas, In April 1914, he was arrested by the United States government for spreading anarchist literature and fled to Berlin, Germany.

 

 

The Indian National Army or Azad Hind Fauj

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? was an armed force formed by Indian nationalists in 1942 in Southeast Asia during World War II. The aim of the army was to liberate India from the British occupation with Japanese assistance. Initially composed of Indian prisoners of war captured by Japan in the Malayan campaign and at Singapore, it later drew volunteers from Indian expatriate population in Malaya and Burma.

? The INA also was at the forefront of women’s equality and the formation of a women’s regiment, the Rani of
Jhansi regiment was formed as an all volunteer women’s unit to fight the British occupiers as well as provide medical services to the INA.

? Initially formed in 1942 immediately after the fall of Singapore under Mohan Singh, the first INA collapsed in December that year before it was revived under the leadership of Subhas Chandra Bose in 1943 and proclaimed the army of Bose’s Arzi Hukumat-e-Azad Hind (The Provisional Government of Free India).

? This second INA fought along with the Imperial Japanese Army against the British andCommonwealth forces in the campaigns in Burma, Imphal and Kohima, and later, against the successful Burma Campaign of the Allies

? . The end of the war saw a large number of the troops repatriated to India where some faced trial for treason and became a galvanising point of the Indian Independence movement

? the Red Fort trials of captured INA officers in India provoked massive public outcries in support of their efforts to fight for Indian independence against the Raj, eventually triggering the Bombay mutiny in the British Indian

 

Features, Amendments and Significant provisions of Indian Constitution

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Amendments

Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. As of June 2013 there have been 118 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.

Amendments of constitution
Amendment Enforced on Objectives
1. 1951 To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.
2. 1953 A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters.
3. 1955 LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people.
4. 1955 Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
5. 1955 Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state.
6. 1956 Amend the Union and State Lists with respect to raising of taxes.
7. 1956 Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.
8. 1960 Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution.
9. 1960 Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
10. 1961 Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.
11. 1961 Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament.
Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.
12. 1961 Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.
13. 1963 Formation of State of Nagaland, with special protection under Article 371A.
14. 1962 Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
15. 1963 Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.,
16. 1963 Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.
17. 1964 To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution
18. 1966 Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
19. 1966 Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
20. 1966 Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh.
21. 1967 Include Sindhi as an Official Language.
22. 1969  

Provision to form Autonomous states within the State of Assam.
23. 1970 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.
24. 1971 Enable parliament to dilute fundamental rights through amendments to the constitution.
25. 1972 Restrict property rights and compensation in case the state takes over private property.
26. 1971 Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
27. 1972 Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
28. 1972 Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
29. 1972 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
30. 1973 Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.
31. 1973 Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise.
32. 1974 Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh.
33. 1974 Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.
34. 1974 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
35. 1975 Terms and Conditions for the Incorporation of Sikkim into the Union of India.
36. 1975 Formation of Sikkim as a State within the Indian Union.
37. 1975 Formation of Arunachal Pradesh legislative assembly.
38. 1975 Enhances the powers of President and Governors to pass ordinances
39. 1975 Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of President, vice-president and Prime Minister.
40. 1976 Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India

Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.
41. 1976 Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62.
42. 1977 Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic.
43. 1978 Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.
44. 1979 Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.
45. 1980 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.
46. 1983 Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
47. 1984 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
48. 1985 Article 356 amended to permit President’s rule up to two years in the state of Punjab.
49. 1984 Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
50. 1984 Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure.
51. 1986 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
52. 1985 Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.
53. 1987 Special provision with respect to the State of Mizoram.
54. 1986 Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.
55. 1987 Special powers to Governor consequent to formation of state of Arunachal Pradesh.
56. 1987 Transition provision to enable formation of state of Goa.
57. 1987 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
58. 1987 Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.
59. 1988 Article 356 amended to permit President’s rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.
60. 1988 Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.
61. 1989 Reduce age for voting rights from 21 to 18.
62. 1989 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.
63. 1990 Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
64. 1990 Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.
65. 1990 National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution.
66. 1990 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
67. 1990 Article 356 amended to permit President’s rule up to four years in the state of Punjab.
68. 1991 Article 356 amended to permit President’s rule up to five years in the state of Punjab.
69. 1992 To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
70. 1991 Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
71. 1992 Include Konkani, Manipuri and Nepali as Official Languages.
72. 1992 Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
73. 1993 Statutory provisions for Panchyat Raj as third level of administration in villages.
74. 1993 Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities)
75. 1994 Provisions for setting up Rent Control Tribunals.
76. 1994 Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
77. 1995 A technical amendment to protect reservation to SC/ST Employees in promotions.
78. 1995 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
79. 2000 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.
80. 2000 Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.
81. 2000 Protect SC / ST reservation in filling backlog of vacancies.
82. 2000 Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
83. 2000 Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
84. 2002 Extend the usage of 1991 national census population figures for statewise distribution of parliamentary seats.
85. 2002 A technical amendment to protect seniority in case of promotions of SC/ST Employees.
86. 2002 Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
87. 2003 Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.
88. 2004 To extend statutory cover for levy and utilization of Service Tax.
89. 2003 The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.
90. 2003 Reservation in Assam Assembly relating to Bodoland Territory Area.
91. 2004 Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.
92. 2004 Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages.
93. 2006 Reservation for OBCs in government as well as private educational institutions
94. 2006 To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.
95. 2010 Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years.
96. 2011 Changed “Oriya” in the Eighth Schedule to “Odia.
97. 2012, Jan 12 Right to form unions or co-operative societies. (19(1)C)

Promotion of Co-operative Societies. (43B)

The Co-operative Societies. (Part 9B)
98. 2013, Jan 2 To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.

(To insert Article 371J in the Constitution)

 

Structure

 

Parts of Constitution
Part Articles Deals with
1 1-4 The Union and its territory
2 5-11 Citizenship
3 12-35 Fundamental Rights
4 36-51 Directive Principles of State Policy
4A 51A Fundamental Duties
5 52-151 The Union
6 152-237 The States
7 238 Repealed
8 239-242 The Union Territories
9 243A-O The Panchayats
9A 243P-ZG The Municipalities
10 244-A The Scheduled and Tribal areas
11 245-263 The relation between Union and States
12 264-300A Finance, Property, Contracts and Suits
13 301-307 Trade, Commerce and Intercourse within the territory of India
14 308-323 Services under The Union and The States
14A 323A-B Tribunals
15 324-329A Elections
16 330-342 Special provisions relating to SCs, STs, OBCs and Anglo-Indians
17 342-351 Official Language
18 352-360 Emergency Provisions
19 361-367 Miscellaneous
20 368 Amendment of the Constitution
21 369-392 Temporary, Transitional and Special Provisions
22 393-395 Short title, Commencement, Authoritative text in hindi and repeals

 

Schedules of Constitution
Schedule Articles Deals with
1 1,4 The States and The Union Territories. (28 states, 7 union territories)
2 59,65,75,97,125,148,158,164,186,221 Emoluments, allowances and Privileges.

 
3 75,84,99,124,146,173,188,219 Oaths of ministers and judges.

Office of union ministers, secrecy of union ministers, candidate for MP elections, elected MP, Judges of SC or CAG, candidate for state legislatures, elected state ministers, Judges of HC.
4 4,80 Allocation of seats in the Rajya Sabha. (currently 233 elected + 12 nominated)
5 244 Administration and control of Scheduled areas and scheduled tribes.
6 244,275 Administration of Tribal areas of North-Eastern states: Assam, Meghalaya, Mizoram, Tripura.
7 246 Distribution of Power : Union list(99), State list(61) and Concurrent list(52).

Union list:
8 344,351 Languages.

Originally 14, currently 22.

Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Marathi,

Malayalam, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu.

21st amendment: Sindhi. (1967)

71st amendment: Konkani, Manipuri, Nepali. (1992)

92nd amendment: Bodo, Dogri, Maithili, Santhali. (2004)
9 31B Validation of certain Acts and Regulations.

Introduced by 1st amendment (1951) to protect from judicial review.

Laws made after April 24, 1973 are open for judicial review now.

284 laws includes state laws on land reforms.
10 102,191 Anti-Defection Law (52nd amendment)
11 243G Powers and Responsibilities of Panchayats (73rd amendment)
12 243W Powers and Responsibilities of Municipalities (74th amendment)

 

Features

  • Lengthiest written Constitution: Originally our constitution contained 395 articles divided in 22 parts and 8 schedules. Constitution has been amended 98 times. Currently there are 25 Parts, 12 Schedules, and 448 Articles. These figures show our constitution as the most comprehensive constitution in the world. (British have no written constitution and Constitution of USA had originally only 7 articles)
  • Starts with a Preamble: It gives an insight into the Philosophy of the Constitution.
  • Drawn from different sources: fundamental rights from USA, bicameralism from UK, Fundamental duties from USSR etc,
  • Blend of Rigidity and Flexibility: making Law is quite flexible and easy in comparison to amending a law.
  • Sovereignty of the Country: managing internal and external affairs freely without any external forces.
  • Democratic state: governing power is derived from the people by means of elected representatives of the people.
  • Republic: India does not have a hereditary post of Head of the State. The Head of the state in India is President and he / she is elected.
  • Socialist State: Indian socialism is democratic socialism. The goals of the socialism are to be realized through democratic means.
  • Secular state: India is secular country. Here No religion is a state religion. The constitution provides equal treatment to all religions.
  • Parliamentary Form of Government: Westminster model of government. Presence of nominal and real executives, majority party rule, collective responsibility of executive to legislature, dissolution of lower house, prime minister has crucial and important role.
  • A blend of Federal and Unitary System: there are separate governments in the Union and States and there is division of power. Unitary features: Strong centre. Single Citizenship, single constitution for both the centre and states, emergency provisions, all India services. India is also quasi-federal as constitution describes India as union of states. States cannot unjoin as well as there is no agreement by states. We have union as well as state lists.
  • Integrated and independent Judiciary: The states have high courts but the verdicts of these courts are subject to appeal to the Supreme Court. The Constitution has made the High Courts subordinate to the Supreme Court.
  • Universal Adult Franchise: Every citizen who is above 18 years has a Voting Right without any discrimination.
  • Three tier government structure: union, state and panchayats.
  • Synthesis of parliamentary sovereignty and judicial supremacy: judicial review of Supreme Court by procedure established by law. Also, parliament can amend major portion of constitution.
  • Fundamental rights: to promote political democracy. Enforceable by courts for violation. They are Justiciable in nature.
  • Fundamental duties: to respect constitution; to promote national unity, integrity, sovereignty; to preserve rich cultural heritage and promote common brotherhood. They are not justiciable in nature.
  • Directive principles of state policy: socialistic, liberal and gandhian meant for promoting ideal social and economic democracy. To establish welfare state. It is the duty of state to apply these in governance. They are not justiciable.
  • Independent bodies: constitution not only provides legislative, executive and judicial organs of government (state and centre) but also has independent election commission, CAG, UPSC, SPSC with security of tenure, service conditions.

 

Provisions

Emergency Provisions in the Constitution of India

The Emergency Provisions are mentioned from Article 352 to Article 360.

?      Article 352: Proclamation of Emergency – due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of the Cabinet ministers to issue such a proclamation must be sent to the President in written form prior to his issuance of the same. According to the Article, all such Proclamations should be presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution, will be counted as ineffective after one month. If the Proclamation is not accepted after the passing of a second resolution, then it will become ineffective after the expiry of 6 months of the second resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of the Parliamentary Houses should be required to pass a resolution. There are certain rules specified in this Article regarding the President revoking or issuing a varied Proclamation during Emergency.

?      Article 353: Effect of Proclamation of Emergency – this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers or authorities of the Union.

?      Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation – provisions made under Articles 268 to 279 can be modified or exceptions can be made by the President of India by an Order while the Proclamation period of emergency is going on. Information about all such Orders must be conveyed to both the Houses of Parliament.

?      Article 355: Duty of the Union to protect States against external aggression and internal disturbance – this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation’s territory.

?      Article 356: Provisions in case of failure of constitutional machinery in States – the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers. The President is also subjected to exercise the powers of the government of such state by Proclamation. The Proclamation issued under such circumstances become ineffective after 6 months from the date of issuance, if not revoked during this time period. All such Proclamations have to be presented to both the Houses of Indian Parliament and will expire after two months. The Legislative powers of such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain rules and regulations regarding the expiry of the Proclamation and the time period normally depends upon the fact whether it has been revoked earlier or not.

?      Article 357: Exercise of legislative powers under Proclamation issued under article 356 – the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

?      Article 358: Suspension of provisions of article 19 during emergencies – any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

?      Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies – the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.

?      Article 360: Provisions as to financial emergency – a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The Proclamation thus issued will become null and void after two months if the same is not approved through a resolution passed by the Houses of Parliament. In case the Houses are not in session the Article suggests certain specific guidelines regarding the Proclamation. This Article also includes provisions relating to the salary and allowance reduction of those who are employed with Union and state departments. A provision relating to money bills and other financial bills passed by the state Legislature is mentioned in the Article. This provision states that all such bills have to be considered by the President during financial instability.

 

Special Provisions Relating to Certain Classes

The Constitution of India has listed the special provisions relating to certain classes in Part XVI. From Article 330 to Article 342.

?      Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People – this Article states that a certain number of seats should be reserved in the House of the People for both the Schedule Castes and Schedule Tribes. However, clause b of the Article includes Schedule Tribes excluding those who live in the autonomous districts of Assam. Clause c of the Article includes the Schedule Tribes belonging to the autonomous Assam districts. It is also mentioned in this Article that the total number of such seats assigned to the Schedule Tribes of autonomous Assam districts should match the total number of seats allotted in the House of the People. The seats alloted to the Schedule Castes and Schedule Tribes of a particular state or Union Territory should be proportional to the total number of seats reserved for such state or Union Territory in the house of the People.

?      Article 331: Representation of the Anglo-Indian Community in the House of the People – it is specified in this Article of the Indian Constitution that the President of India has the sole right to elect a maximum of 2 members belonging to the Anglo-Indian section to represent the entire community.

?      Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States – This Article of the Constitution states that a definite number of seats in every state’s Legislative Assembly should be alloted to the Schedule Castes and Schedule Tribes. The Schedule Castes and Schedule Tribes of the autonomous districts of Assam are also given seats in the Legislative Assembly. It is also specified that a person not belonging to the Schedule Tribes category of Assam state cannot contest the Legislation Assembly election from any of the constituencies of the districts of the state. Also, all areas outside the periphery of the districts of Assam should not hold any constituency of the Legislative Assembly of the Assam state. The total seats alloted to the state Legislative Assembly of Assam should be in proportion of the total population and the share of the SC/ST in such population.

 

As per Article332, the number of seats alloted to the SC/STs of a state should follow a proportion to the total number of seats assigned in the Assembly as the total population of the SC/STs in that state with respect to the total state population.

In case of such states as Nagaland, Mizoram, Meghalaya and Arunachal Pradesh, as per the Constitution Act 1987, if all the seats of the Legislative Assembly after the first census of 2000, belong to the Schedule Tribes, then only one seat shall be alloted to other communities. Also, the total number of seats alloted to the Schedule Tribes shall not be less than the existing number of seats in the Assembly of the state.

The Article suggests that the the total number of seats of Schedule Tribes in the Legislative Assembly of Tripura state should be proportional to the total number of existing seats in the Assembly. As per the Constitution Act 1992, the number of the Schedule Tribe members in the Legislative Assembly of Tripura shall not be less than the total number of seats already available in the Assembly.

 

?      Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States – according to this Article of the Constitution of India if the Governor of any state thinks it necessary to elect one representative of the Anglo-Indian community for the Legislative Assembly of that state then he can do the same. Also, if the governor feels that Anglo-Indian community does not have sufficient representation in the state Legislative Assembly then also he can elect one member of that community for the Assembly.

?      Article 334: Reservation of seats and special representation to cease after 289A – This Article holds the fact that after 60 years of the enactment of the Indian Constitution, certain provisions shall become ineffective. However, it is also specified that the Article will not be applied until and unless the House of the People or the Legislative Assembly gets dissolved because of some significant reason. The Provisions with which this Article deals with include reserving seats for Anglo-Indian community, Schedule Castes and Schedule Tribes in the House of the People or in the Legislative Assembly.

?      Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts – The Article states that the various claims of the Schedule Castes and Schedule Tribes shall be regarded accordingly. Relaxation of age, lower cut off marks and easier parameters of evaluation for the purpose of selecting SC/ST candidates to different posts and services will remain intact irrespective of the provisions mentioned in this Article.

?      Article 336: Special provision for Anglo-Indian community in certain services – as per this Article, for such posts of Union as postal and telegraph, customs and railway, the members of the Anglo-Indian community will be selected, for the first two years of the initiation of the Constitution, following the rules prevailing before 15th August, 1947. It is also specified that in every two years the total number of seats allotted to the Anglo-Indian community in different services and posts will go down by 10%. The Article states that these provisions will become ineffective after 10 years of the enactment of the Indian Constitution. However, clause 2 of this Article clearly mentions that if a candidate of the concerned community is eligible for any post other than the ones mentioned above then he will be selected with immediate effect.

?      Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community – the provisions of this Article deal with the fact that grants to the Anglo-Indian community shall be offered in the first three years of the enactment of the Constitution following the same rules made on 31st March 1948. It is also stated that the amount of such grants will reduce by 10% in every three succeeding years. It is mentioned that after 10 years of the initiation of the Constitution of India all such grants will cease to exist. Moreover, the Article states that only when at least 40% of the admissions in educational units belong to communities other than Anglo-Indians, such grants will be offered to the said community.

?      Article 338: National Commission for Scheduled Castes and Scheduled Tribes – This Article covers the issues to be dealt with by the said Commission exclusively made for the Schedule Castes and Schedule Tribes. As per the Constitution of India, the Article holds that the Commission should include a Chairperson, Vice-Chairperson and other members all of whom are elected by the President of India. The Commission, according to the Article, has the power to investigate all matters that are related to the safeguard of the Sc/STs. The commission can also exercise its power by summoning any person from any part of the nation to interrogate him regarding a particular issue of the SC/STs. The Commission shall also take necessary measures to improve the socio-economic status of the Schedule Castes and Schedule Tribes. A report specifying whether the safeguards of the ST/SCs are maintained properly shall be submitted to the President of India every year by the Commission.

?      Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes – the Article suggests that a Commission specifying the administration of Scheduled Areas and Welfare of Scheduled Tribes shall be formed by Order of the President after 10 years of the Indian Constitution’s enactment. The various procedures and powers of the commission are to be included in the said Order. Planning and execution of various schemes pertaining to the development of the Schedule Tribes included in the executive power of the Union is also mentioned in the Article.

?      Article 340: Appointment of a Commission to investigate the conditions of backward classes – this Article specifies that the President of India can form a Commission by Order that will look into the overall condition of the people belonging to the backward classes. This Commission is also supposed to recommend any state or union the necessary steps through which the underprivileged classes can improve their social and economic status. On the basis of the investigation done, the Commission shall submit a report to the President of India. The President, in turn, shall present such report with a memorandum to both of the Houses of the Indian Parliament and will prescribe the necessary steps to be taken to develop the condition of the backward classes.

?      Article 341: Scheduled Castes – this Article states that the President of India after taking the advice of the Governor of any state or Union Territory, has the right to demarcate tribes, races or castes or a part of any group as Scheduled Castes, in accordance with the law of the Constitution. The president can do the same by issuing a public notification. However, the Parliament of India can, by law, accept or reject the list containing the Scheduled Caste groups.

?      Article 342: Scheduled Tribe – a group belonging to a tribe or an entire tribal community of a state or an Union Territory can be declared as Scheduled Tribe by the President of India through issuing a public notice. The President consults with the Governor of the concerned state or Union Territory before specifying a tribe as Scheduled Tribe. The Parliament of India can decide upon canceling or keeping the particular ST in the list of Scheduled Tribes. However, the public notification issued for declaration of the Scheduled Tribe can be saved by the Parliament.

 

Other provisions

 

Article 369 {Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List}

Article 370 {Temporary provisions with respect to the State of Jammu and Kashmir}

Article 371 {Special provision with respect to the States of Maharashtra and Gujarat}

Article 371A {Special provision with respect to the State of Nagaland}

Article 371B {Special provision with respect to the State of Assam}

Article 371C {Special provision with respect to the State of Manipur}

Article 371D {Special provisions with respect to the State of Andhra Pradesh}

Article 371E {Establishment of Central University in Andhra Pradesh}

Article 371F {Special provisions with respect to the State of Sikkim}

Article 371G {Special provision with respect to the State of Mizoram}

Article 371H {Special provision with respect to the State of Arunachal Pradesh}

Article 371I {Special provision with respect to the State of Goa}

Article 372 {Continuance in force of existing laws and their adaptation}

Article 372A {Power of the President to adapt laws}

Article 373 {Power of President to make order in respect of persons under preventive detention in certain cases}

Article 374 {Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council}

Article 375 {Courts, authorities and officers to continue to function subject to the provisions of the Constitution}

Article 376 {Provisions as to Judges of High Courts}

Article 377 {Provisions as to Comptroller and Auditor-General of India}

Article 378 {Provisions as to Public Commissions}

Article 378A {Special provisions as to duration of Andhra Pradesh Legislative Assembly}

 

 

Basic Structure of Indian Constitution

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Basic Structure

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Key among these “basic features”, are the fundamental rights granted to individuals by the constitution. The doctrine thus forms the basis of a limited power of the Indian Supreme Court to review and strike down constitutional amendments enacted by the parliament which conflict with or seek to alter this “basic structure” of the constitution.

In 1965, The “basic features” principle was first expounded by Justice J.R. Mudholkar in his dissent in the case of Sajjan Singh v. State of Rajasthan.

In 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna’s judgment in the landmark decision of Kesavananda Bharati v. State of Kerala. Previously, the Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.

In 1975, Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy.

In 1980, The Constitution (Forty-Second Amendment) Act had been enacted by the government of Indira Gandhi in response to the Kesavananda judgment in an effort to reduce the power of the judicial review of constitutional amendments by the Supreme Court. In the Minerva Mills case, Nani Palkhivala successfully moved the Supreme Court to declare sections 4 & 55 of the 42nd amendment as unconstitutional. Chief Justice Yeshwant Vishnu Chandrachud explained in the Minerva Mills judgment that since the power of Parliament to amend the constitution was limited, as had been previously held through the basic structure doctrine in the Kesavananda case, the parliament could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). In addition, the court also ruled that the parliament’s “power to amend is not a power to destroy”.

The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must itself be in conformity with the constitution.

In Kesavananda there were differing opinions even among the majority for what the “basic structure” of the constitution comprised.

Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:

  • The supremacy of the constitution.
  • A republican and democratic form of government.
  • The secular character of the Constitution.
  • Maintenance of the separation of powers.
  • The federal character of the Constitution.

Justices Shelat and Grover in their opinion added three features to the Chief Justice’s list:

  • The mandate to build a welfare state contained in the Directive Principles of State Policy.
  • Maintenance of the unity and integrity of India.
  • The sovereignty of the country.

Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:

  • The sovereignty of India.
  • The democratic character of the polity.
  • The unity of the country.
  • Essential features of individual freedoms.
  • The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at the preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:

  • A sovereign democratic republic.
  • The provision of social, economic and political justice.
  • Liberty of thought, expression, belief, faith and worship.
  • Equality of status and opportunity.

The interpretation of the basic structure has since evolved in numerous other court rulings since the Kesavananda judgment.

 

Indian Constitution : historical underpinnings

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Constitution

Constitution is the fundamental law of a country which ordains the fundamental principles on which the government (or the governance) of that country is based. It lays down the framework and principal functions of various organs of the government as well as the modalities of interaction between the government and its citizens. With the exception Of United Kingdom (U.K.), almost all democratic countries possess a written constitution. India also possesses an elaborate written constitution which was enacted by a constituent assembly specifically set up for the purpose. Our Constitution was adopted by the Constituent Assembly on 26 January, 1949. It came into full operation with effect from 26 January, 1950. The Constitution as originally adopted had 22 parts, 395 articles and 8 schedules. Its present text is as amended from time to time.

?     Preamble :

“We, the people of India, having solemnly resolved to constitute India into a

Sovereign Socialist Secular Democratic Republic and to secure to all its citizens :

Justice, social, economical and political;

Liberty, of thought, expression, belief, faith and worship;

Equality of status and of opportunity;

And to promote among all

Fraternity assuring the dignity of individual and the unity and integrity of the nation;

In our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give ourselves this constitution”

?     42nd amendment:  “Socialist Secular and integrity” was added to preamble.

?     Drafting Committee was appointed on 1947, August 29. First draft published on 1949, February. Members : BR Ambedkar(Chairman), N Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, KM Munshi, Sayed M Saadullah, N Madhav Rao(replaced BL Mitra), TT Krishnamachari (replaced DP Khaitan)

 

Evolution of Indian Constitution

Although the systems of ancient India do have their reflections in the Constitutions of India, the direct sources of the Constitution lie in the administrative and legislative developments of the British period.

 

Regulating Act of 1773

  • This Act was based on the report of a committee headed by the British Prime Minister Lord North.
  • Governance of the East India Company was put under the British Parliamentary control.
  • The Governor of Bengal was nominated as Governor General for all the three Presidencies of Calcutta Bombay and Madras. Warren Hastings was the first such Governor General.
  • A Supreme Court was established in Calcutta (now Kolkata)
  • Governor General was empowered to make laws, regulations and ordinances with the consent of the Supreme Court.

 

Pitts India Act of 1784

  • It was enacted to improve upon the provisions of Regulating Act of 1773 to bring about better discipline in the Company’s system of administration.
  • A 6 member Board of Coordinators was set up which was headed by a minister of the British Government. All political responsibilities were given to this board.
  • Trade and commerce related issues were under the purview of the Court of the Directors of the company.
  • Provinces had to follow the instructions of the Central Government and Governor General was empowered to dismiss the failing provincial government.

 

Charter Act of 1793

  • Main provisions of the previous Acts were consolidated in this Act.
  • Provided for the payment of salaries of the members of the Board of Controllers from Indian revenue.
  • Courts were given the power to interpret rules and regulations

 

Charter Act of 1813

  • Trade monopoly of the East India Company came to an end.
  • Powers of the three Councils of Madras, Bombay and Calcutta were enlarged; they were also subjected to greater control of the British Parliament.
  • The Christian Missionaries were allowed to spread their religion in India.
  • Local autonomous bodies were empowered to levy taxes.

 

Charter Act of 1833

  • The Governor General and his Council were given vast powers. This Council could legislate for the whole of India subject to the approval of the Board of Controllers.
  • The Council got full powers regarding revenue, and a single budget for the country was prepared by the Governor General.
  • The East India Company was reduced to an administrative and political entity and several Lords and Ministers were nominated as ex-officio members of the Board of Controllers.
  • For the first time the Governor-General’s Government was known as the ‘Government of India’ and his Council as the ‘Indian Council’.

 

Charter Act of 1853

  • This was the last of the Charter Acts and it made important changes in the system of Indian legislation.
  • This Act followed a report of then Governor General Dalhousie for improving the administration of the company.
  • A separate Governor for Bengal was to be appointed.
  • Legislative and administrative functions of the Council were separately identified.
  • Recruitment of the Company’s employees was to be done through competitive exams.
  • British Parliament was empowered to put Company’s governance of India to an end at any suitable time.

 

Government of India Act, 1858

  • British Crown decided to assume sovereignty over India from the East India Company in an apparent consequence of the Revolt of 1857, described as an armed sepoy mutiny by the British historians and remembered as the First War of Independence by the Indians.
  • The first statute for the governance of India, under the direct rule of the British Government, was the Government of India Act, 1858.
  • It Provide for absolute (British) imperial control over India without any popular participation in the administration of the country.
  • The powers of the crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members, known as the Council of India.
  • The country was divided into provinces headed by a Governor or Lieutenant-Governor aided by his Executive Council.
  • The Provincial Governments had to function under the superintendence, direction and control of the Governor- General in all matters.
  • All authority for the governance of India was vested in the Governor- General in Council who was responsible to the Secretary of State.
  • The Secretary of State was ultimately responsible to the British Parliament.

 

Indian Councils Act, 1861

  • This is an important landmark in the constitutional history of India. By this Act, the powers of the Crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members (known as the Council of India). The Secretary of State, who was responsible to the British Parliament, governed India through the Governor General, assisted by an Executive council.
  • This Act enabled the Governor General to associate representatives of the Indian people with the work of legislation by nominating them to his expanded council.
  • This Act provided that the Governor General’s Executive Council should include certain additional non-official members also while transacting legislative business as a Legislative Council. But this Legislative Council was neither representative nor deliberative in any sense.
  • It decentralized the legislative powers of the Governor General’s Council and vested them in the Governments of Bombay and Madras.

 

Indian Councils Act, 1892

  • The non-official members of the Indian Legislative Council were to be nominated by the Bengal Chamber of Commerce and Provincial Legislatives Council while the non-official members of the Provincial Councils were to be nominated by certain local bodies such as universities, districts boards, municipalities, zamindars etc.
  • The Councils were to have the power of discussing the Budget and addressing questions to the Executive.

 

Morley-Minto Reforms and the Indian Councils Act, 1909

  • Reforms recommended by the then Secretary of States for India (Lord Morley) and the Viceroy (Lord Minto) were implemented by the Indian Councils Act, 1909.
  • The maximum number of additional members of the Indian Legislative Council (Governor- General’s Council) was raised from 16 (under the Act of 1892) to 60 (excluding the Executive Councilors).
  • The size of Provincial Legislative Councils was enlarged by including elected non-official members so that the official majority was gone.
  • An element of election was introduced in the Legislative Council at the centre also but here the official majority was maintained.
  • The Legislative Councils were empowered to move resolutions on the Budget, and on any matter of public interest except certain specified subjects such as the Armed forces, Foreign Affairs and the Indian States.
  • It provided, for the first time, for separate representation of the Muslim community and thus sowed the seeds of separatism.

 

The Government of India Act, 1915

  • This act was passed to consolidate the provisions of the preceding Government of India Acts.

 

Montague-Chelmsford Report and the Government of India Act, 1919

  • The then Secretary of State for India Mr. E.S. Montague and the Governor General Lord Chelmsford formulated proposals for the Government of India Act, 1919.
  • Responsible Government in the Provinces was to be introduced, without impairing the responsibility of the Governor (through Governor General), for the administration of the province, by resorting to device known as ‘Diarchy’ or dual government.
  • The subjects of administration were to be divided into two categories Central and Provincial.
  • Central subjects were those which were exclusively kept under the control of the Central Government.
  • The provincial subjects were sub-divided into ‘transferred’ and ‘reserved’ subjects.
  • The ‘transferred subjects’ were to be administered by the Governor with the aid of Ministers responsible to the Legislative Council in which the proportion of elected members was raised to 70 percent.
  • The ‘ reserved subjects’ were to be administered by the Governor and his Executive Council with no responsibility to the Legislature.
  • The previous Central control over the provinces in the administrative, legislative and financial matters was relaxed. Sources of revenue were divided into two categories so that the provinces could run the administration with the revenue raised y the provinces themselves.
  • The provincial budget was separated from the central budget.
  • The provincial legislature was empowered to present its own budget and levy its own taxes relating to the provincial sources of revenue.
  • The Central Legislature, retained power to legislate for the whole country on any subject.
  • The control of the Governor General over provincial legislature was retained by providing that a Provincial Bill, even though assented to by the Governor, would become law only when assented to also by the Governor General.
  • The Governor was empowered to reserve a Bill for the consideration of the Governor General if it was related to some specified matters.
  • The Governor General in Council continued to remain responsible to the British Parliament through the Secretary of State for India.
  • The Indian Legislature was made more representative and, for the first time ‘bi-cameral.’
  • The Upper House was named the Council of State. This composed of 60 members of whom 34 were elected.
  • The Lower House was named the Legislative Assembly. This was composed of about 144 members of whom 104 were elected.
  • The electorates were arranged on a communal and sectional basis, developing the Morley-Minto device further.
  • The Governor General’s overriding powers in respect of Central legislation were retained as follows:
  • His prior sanction was required to introduce Bills relating to certain matters;
  • He had the power to veto or reserve for consideration of the Crown any Bill passed by the Indian Legislature;
  • He had the converse power of certifying Bill or any grant refused by the Legislature;
  • He could make Ordinances, in case of emergency.

 

Simon Commission

  • This commission, headed by Sir John Simon, constituted in 1927 to inquire into the working of the Act of 1919, placed its report in 1930. The report was examined by the British Parliament and the Government of India Bill was drafted accordingly.

 

The Government of India Act, 1935

  • The Act of 1935 prescribed a federation, taking the Provinces and the Indian States (native states) as units.
  • It was optional for the Indian States to join the Federation, and since they never joined, the Federation never came into being.
  • The Act divided legislative powers between the Centre and Provinces.
  • The executive authority of a Province was also exercised by a Governor on the behalf of the Crown and not as a subordinate of the Governor General.
  • The Governor was required to act with the advice of Ministers responsible to the legislature.
  • In certain matters, the Governor was required to act ‘in his discretion’ without ministerial advice and under the control and directions of the Governor General, and, through him, of the Secretary of State.
  • The executive authority of the Centre was vested in the Governor General (on behalf of the Crown).
  • The councilors of Council of Ministers responsible to the Legislature were not appointed although such provisions existed in the Act of 1935.
  • The Central Legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council. In other provinces, the Legislature was uni-cameral.
  • Apart from the Governor General’s power of veto, a Bill passed by the Central Legislature was also subject to veto by the Crown.
  • The Governor General could prevent discussion in the Legislature and suspend the proceedings on any Bill if he was satisfied that it would affect the discharge of his special responsibilities.
  • The Governor General had independent powers of legislatures, concurrently with those of the Legislature.
  • On some subjects no bill or amendment could be introduced in the Legislature without the Governor General’s previous sanction.
  • A three-fold division in the Act of 1935 –There was Federal List over which the Federal Legislature had exclusive jurisdiction. There was a Concurrent List also over which both the Federal and the Provincial had competence.
  • The Governor General was empowered to authorize either the Federal or the Provincial Legislature to enact a law with respect to any matter which was not enumerated in the above noted Legislative Lists.
  • Dominion Status, which was promised by the Simon Commission in 1929, was not conferred by the Government of India Act, 1935.

 

Cripps Mission

  • In March, 1942 Sir Stafford Cripps, a member of the British cabinet came with a draft declaration on the proposals of the British Government.
  • These proposals were to be adopted at the end of the Second World War, provided Congress and the Muslim League could accept them.
  • According to the proposals-
  • The Constitution of India was to be framed by an elected Constituent Assembly by the Indian people.
  • The Constitution should give India Dominion Status.
  • There should be one Indian Union comprising all the Provinces and Indian States.
  • Any Province (or Indian State) not accepting the Constitution would be free to retain its constitutional position existing at that time and with such non-acceding Province British Government could enter into separate Constitutional arrangements.

 

Cabinet Mission

  • In March 1946, Lord Attlee sent a Cabinet Mission to India consisting of three Cabinet Ministers, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
  • The object of Cabinet Mission was to help India achieve its independence as early as possible, and to set up a Constitutional Assembly.
  • The Cabinet Mission rejected the claim for a separate Constituent Assembly and a Separate for the Muslim.
  • According to Cabinet Mission Plan there was to be a Union of India, comprising both British India and the States, having jurisdiction over the subjects of Foreign Affairs, Defence and Communication. All residuary powers were to be vested in the Provinces and the States.
  • The Union was to have an Executive and a Legislature consisting of representatives of the Provinces and the States.
  • Any decision involving a major communal issue in the legislature was to require a majority support of representatives of each of the two major communities present and voting.
  • The provinces could form groups with executives and legislatures, and each group could be competent to determine the provincial subjects.

 

The Mountbatten Plan

  • The plan for transfer of power to the Indians and partition of the country was laid down in the Mountbatten Plan.
  • It was given a formal shape by a statement made by the British Government on 3rd June, 1947.

 

The Indian Independence Act, 1947 of the British Parliament

  • In pursuance of this Act, the Government of India Act, 1935 was amended by the Adaptation Orders, both in India and Pakistan, for setting up an interim Constituent Assembly to draw up future Constitution of the country.
  • From the 15th August 1947 India ceased to be a Dependency, and the suzerainty of the British Crown over the Indian States and the treaty relations with Tribal Areas lapsed from that date.
  • The office of the Secretary of State for India was abolished.
  • The Governor General and the Governors lost extraordinary powers of legislations to compete with the legislature.
  • The Central Legislature Of India, composed of the Legislative Assembly and the Council of States, ceased to exist on August 14, 1947.
  • The Constituent Assembly itself was to function as the Central Legislature with complete sovereignty.

 

 

French Revolution:-

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  • It gave birth to ideas of liberty, freedom and equality
  • It led to the end of monarchy in France
  • A society based on privileges gave way to a new system of governance
  • The Declarations of the Rights of Man during the revolution, announced the coming of a new time.
  • The idea that all individuals had rights and could claim equality became part of a new language of politics.
  • These notions of equality and freedom emerged as the central ideas of a new age; but in different countries they were reinterpreted and rethought in many different ways

Ideals of Revolution

  • The collapse of the old regime was the consequence of many factors – economic problems, social unrest, conflicting ambitions of groups and individuals.
  • In the unfolding of the Revolution, what was thought, what was said, and what was advocated, was expressed in terms categories that came from political theorists of the Enlightenment such as Montesquieu, Locke and Rousseau.
  • Montesquieu, the most important political philosopher of the French revolution claimed that a liberal constitutional monarchy was the best system of government for a people who prized freedom, on the grounds that by dividing the sovereignty of the nation between several centres of power, it provided a permanent check on any one of t hem becoming despotic.
  • Mirabeau, the leading orator among the revolutionists of this early phase, was very much the disciple of Montesquieu in his demand for a constitutional monarchy. Mirabeau was born in a noble family but was convinced of the need to do away with a society of feudal privilege. He brought out a journal and delivered powerful speeches to the crowds assembled at Versailles.
  • Then, there was Locke’s theory of the natural rights of man to life, liberty and property. The French revolutionists were influenced by Locke’s theory as  merican revolutionist had done so in 1776
  • Where Montesquieu had understood freedom as being unconstrained and unimpeded in doing what one chooses to do so as long as it is lawful, Rousseau defined freedom as ruling oneself, living only under a law which one has oneself enacted.
  • On Rousseau’s philosophy of freedom “The Social Contract” there was no question of the people dividing and diminishing  sovereignty, because the people were to keep sovereignty in their own hands. In Rousseau’s conception of a constitution, the nation became sovereign over itself.

Stages:-

  • 1774: Louis XVI becomes king of France, faces empty treasury and growing discontent within society of the Old Regime.
  • 1789: Convocation of Estates General, Third Estate forms National Assembly, the Bastille is stormed, and peasant revolts in the countryside.
  • 1791: A constitution is framed to limit the powers of the king and to guarantee basic rights to all human beings.
  • 1792: Overthrow of the Constitutional Monarch—oftencalledthe“SecondRevolution”—and the establishment of the First French Republic.
  • After the establishment of the Republic, the level of violence grew as the Republican regime sought to repress counter – revolutionary movements in France (Federalist revolts and the Vendee uprising) while struggling at the same time to prevent defeat in war by the combined forces of Austria, Prussia, and Britain.
  • The so-called reign of Terror was instituted to quash both internal and foreign forces of counter revolution. But once these internal and foreign threats were under control in the spring of 1794, Terror continued at the direction of the Committee of  Public Safety, the most famous member of which was Maximiliean Robespierre.
  • This last period of Terror was aimed at eliminating political rivals of Robespierre and the Committee, which included Danton. The excesses that resulted led to the overthrow of Robespierre and the Committee.
  • After the overthrow of Robespierre, the revolution continued still longer as the moderate leaders of the newly established government called the Directory (1795-1799) attempted to bring the revolution to a close in keeping with the principles of 1789 that would be under bourgeois control and freed from the intervention and pressures of the popular movement.
  • This effort entailed the forceful repression of the popular movement in Paris by Napoleon’s so-called “whiff of grapeshot” ,the overturning of elections in 1797 (to oust neo-Jacobins seen as too radical) and again in 1798 (to oust ultra conservatives).
  • The Directory relied on the army and military force to carry out these repressive acts at the same time it supported the army and Napoleon in an aggressive war of expansion in Europe and Egypt.
  • Having relied on the army so much, the Directory was in the end overthrown by Napoleon and military might.

Role of leaders, philosopher

  • In the unfolding of the Revolution, what was thought, what was said, and what was advocated, was expressed in terms and categories that came from political theorists of the Enlightenment such as Montesquieu, Locke and Rousseau.
  • Montesquieu, the most important political philosopher of the French revolution claimed that a liberal constitutional monarchy was the best system of government for a people who prized freedom, on the grounds that by dividing the sovereignty of the nation between several centres of power, it provided a permanent check on any one of them becoming despotic.
  • Montesquieu suggested that the English had achieved this by sharing sovereignty between the Crown, Parliament and the law courts.
  • The French, he suggested, would need, if they were to adopt the same idea, to make use of the estates with which they were themselves already familiar: the Crown, the aristocratic courts, the Church, the landed nobility and the chartered cities.
  • Mirabeau, the leading orator among the revolutionists of this early phase, was very much the disciple of Montesquieu in his demand for a constitutional monarchy. Mirabeau was born in a noble family but was convinced of the need to do away with a society of feudal privilege. He brought out a journal and delivered powerful speeches to the crowds assembled at Versailles.
  • Then, there was Locke’s theory of the natural rights of man to life, liberty and property. The French revolutionists were influenced by Locke’s theory as merican revolutionist had done so in 1776.
  • Where Montesquieu had understood freedom as being unconstrained and unimpeded in doing what one chooses to do so as long as it is lawful, Rousseau defined freedom as ruling oneself, living only under a law which one has oneself enacted.
  • On Rousseau’s philosophy of freedom “The Social Contract” there was no question of the people dividing and diminishing  sovereignty, because the people were to keep sovereignty in their own hands. In Rousseau’s conception of a constitution, the nation became sovereign over itself.  

Limitations

It would be unfair to Rousseau to say that Robespierre put the theory of The Social Contract into practice, but he used Rousseau’s language, and exploited – while distorting –  several of Rousseau’s ideas in the course of his reign of terror.

 

American War of Independence.

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Philosophes such as Voltaire considered England’s government the most progressive in Europe. England’s ruler was no despot, not even an enlightened one. His power had been limited by law. The Glorious Revolution of 1688 had given England a constitutional monarchy. However, while the English monarch’s power was being limited at home, the power of the English nation was spreading overseas.

Britain and Its American Colonies

When George III became king of Great Britain in 1760, his Atlantic coastal colonies were growing by leaps and bounds. The colonies thrived on trade with the nations of Europe. Along with increasing population and prosperity, a new sense of identity was growing in the colonists’ minds. Colonists saw themselves less as British and more as Virginians or Pennsylvanians. However, they were still British subjects and were expected to obey British law.

In the 1660s, Parliament had passed trade laws called the Navigation Acts. These laws prevented colonists from selling their most valuable products to any country except Britain. In addition, colonists had to pay high taxes on imported French and Dutch goods. However, colonists found ways to get around these laws. Some merchants smuggled in goods to avoid paying British taxes. Smugglers could sneak in and out of the many small harbours all along the lengthy Atlantic coastline. British customs agents found it difficult to enforce the Navigation Acts. For many years, Britain felt no need to tighten its hold on the colonies. Despite the smuggling, Britain’s mercantilist policies had made colonial trade very profitable. Britain bought American raw materials for low prices and sold manufactured goods to the colonists. And despite British trade restrictions, colonial merchants also thrived. However, after the French and Indian War ended in 1763, Britain toughened its trade laws. These changes sparked growing anger in the colonies.

Americans Win Independence

In 1760, when George III took the throne, most Americans had no thoughts of either revolution or independence. Yet by 1776, many Americans were willing to risk their lives to break free of Britain. During the French and Indian War, Great Britain had run up a huge debt in the war against France. Because American colonists benefited from Britain’s victory, Britain expected the colonists to help pay the costs of the war. In 1765, Parliament passed the Stamp Act. Colonists had to pay a tax to have an official stamp put on wills, deeds, newspapers, and other printed material. American colonists were outraged. They had never paid taxes directly to the British government before. Colonial lawyers argued that the stamp tax violated colonists’ natural rights.

In Britain, citizens consented to taxes through their representatives in Parliament. Because the colonists had no such representatives, Parliament could not tax them. The colonists demonstrated their defiance of this tax with angry protests and a boycott of British manufactured goods. The boycott proved so effective that Parliament gave up and repealed the Stamp Act in 1766.

Growing Hostility Leads to War

Some colonial leaders, such as Boston’s Samuel Adams, favoured independence from Britain. They encouraged conflict with British authorities. At the same time, George III and his ministers made enemies of many moderate colonists by their harsh stands. In 1773, to protest an import tax on tea, Adams organized a raid against three British ships in Boston Harbour. The raiders dumped 342 chests of tea into the water. George III, infuriated by the “Boston Tea Party,” as it was called, ordered the British navy to close the port of Boston. British troops occupied the city. In September 1774, representatives from every colony except Georgia gathered in Philadelphia to form the First Continental Congress. This group protested the treatment of Boston. When the king paid little attention to their complaints, all 13 colonies decided to form the Second Continental Congress to debate their next move. On April 19, 1775, British soldiers and American militiamen exchanged gunfire on the village green in Lexington, Massachusetts. The fighting spread to nearby Concord. When news of the fighting reached the Second Continental Congress, its members voted to raise an army under the command of a Virginian named George Washington. The American Revolution had begun.

Enlightenment Ideas Influence American Colonists

Although a war had begun, the American colonists still debated their attachment to Great Britain. Many colonists wanted to remain part of Britain. A growing number, however, favoured independence. They heard the persuasive arguments of colonial leaders such as Patrick Henry, John Adams, and Benjamin Franklin. These leaders used Enlightenment ideas to justify independence. The colonists had asked for the same political rights as people in Britain, they said, but the king had stubbornly refused. Therefore, the colonists were justified in rebelling against a tyrant who had broken the social contract. In July 1776, the Second Continental Congress issued the Declaration of Independence. This document, written by Thomas Jefferson, was firmly based on the ideas of John Locke and the Enlightenment. The Declaration reflected these ideas in its eloquent argument for natural rights. Since Locke had asserted that people had the right to rebel against an unjust ruler, the Declaration of Independence included a long list of George III’s abuses. The document ended by breaking the ties between the colonies and Britain. The colonies, the Declaration said, “are absolved from all allegiance to the British crown.”

Success for the Colonists

When war was first declared, the odds seemed heavily weighted against the Americans. Washington’s ragtag, poorly trained army faced the well-trained forces of the most powerful country in the world. In the end, however, the Americans won their war for independence.  Several reasons explain their success. First, the Americans’ motivation for fighting was much stronger than that of the British, since their army was defending their homeland. Second, the overconfident British generals made several mistakes. Third, time itself was on the side of the Americans. The British could win battle after battle, as they did, and still lose the war. Fighting an overseas war, 3,000 miles from London, was terribly expensive. After a few years, tax-weary British citizens clamoured for peace. Finally, the Americans did not fight alone. Louis XVI of France had little sympathy for the ideals of the American Revolution, but he was eager to weaken France’s rival, Britain. French entry into the war in 1778 was decisive. In 1781, combined forces of about 9,500 Americans and 7,800 French trapped a British army commanded by Lord Cornwallis near Yorktown, Virginia. Unable to escape, Cornwallis surrendered. The Americans were victorious.

Americans Create a Republic

Shortly after declaring their independence, the 13 individual states recognized the need for a national government. As victory became certain, in 1781 all 13 states ratified a constitution. This plan of government was known as the Articles of Confederation. The Articles established the United States as a republic—a government in which citizens rule through elected representatives. To protect their authority, the 13 states created a loose confederation in which they held most of the power. Thus, the Articles of Confederation deliberately created a weak national government. There were no executive or judicial branches. Instead, the Articles established only one body of government, the Congress. Each state, regardless of size, had one vote in Congress. Congress could declare war, enter into treaties, and coin money. It had no power, however, to collect taxes or regulate trade. Passing new laws was difficult because laws needed the approval of 9 of the 13 states. These limits on the national government soon produced many problems. Although the new national government needed money in order to operate, it could only request contributions from the states. Angry Revolutionary War veterans bitterly complained that Congress still owed them back pay.

The nation’s growing financial problems sparked a violent protest in Massachusetts. Debt-ridden farmers, led by a war veteran named Daniel Shays, demanded that the state lower taxes and issue paper money so that they could repay their debts. When the state refused, the rebels attacked several courthouses. Massachusetts authorities quickly crushed Shays’s Rebellion.

A New Constitution

Concerned leaders such as George Washington and James Madison believed that Shays’s Rebellion underscored the need for a strong national government. In February 1787, Congress approved a Constitutional Convention to revise the Articles of Confederation. The Constitutional Convention held its first session on May 25, 1787. The 55 delegates were experienced statesmen who were familiar with the political theories of Locke, Montesquieu, and Rousseau. Although the delegates shared basic ideas on government, they sometimes disagreed on how to put them into practice.  Using the political ideas of the Enlightenment, the delegates created a new system of government.

The Federal System

Like Montesquieu, the delegates distrusted a powerful central government controlled by one person or group. They therefore established three separate branches—legislative, executive, and judicial. This provided a built-in system of checks and balances, with each branch checking the actions of the other two. For example, the president received the power to veto legislation passed by Congress. However, the Congress could override a presidential veto with the approval of two-thirds of its members. Although the Constitution created a strong central government, it did not eliminate local governments. Instead, the Constitution set up a federal system in which power was divided between national and state governments. The delegates agreed with Locke and Rousseau that governments draw their authority from the consent of the governed.

The Bill of Rights

The delegates signed the new Constitution on September 17, 1787. In order to become law, however, the Constitution required approval by conventions in at least 9 of the 13 states. These conventions were marked by sharp debate. Supporters of the Constitution, called the Federalists, argued that the new government would provide a better balance between national and state powers. Their opponents, the Antifederalists, feared that the Constitution gave the central government too much power. They also wanted a bill of rights to protect the rights of individual citizens. In order to gain support, the Federalists promised to add a bill of rights to the Constitution. This promise cleared the way for approval. Congress formally added to the Constitution the ten amendments known as the Bill of Rights. These amendments protected such basic rights as freedom of speech, press, assembly, and religion. Many of these rights had been advocated by Voltaire, Rousseau, and Locke. The Constitution and Bill of Rights marked a turning point in people’s ideas about government. Both documents put Enlightenment ideas into practice. They expressed an optimistic view that reason and reform could prevail and that progress was inevitable. Such optimism swept across the Atlantic. However, the monarchies and the privileged classes didn’t give up power and position easily. As Chapter 23 explains, the struggle to attain the principles of the Enlightenment continued in France.

 

Coastal Regulation Zone

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 Act of 1991

  • To regulate development activity on India’s coastline
  • The approach adopted by the first notification was to define the ‘High Tide Line’ and ‘Coastal Regulation Zone’ and thereafter specify the activities permitted and restricted in the vicinity of the CRZ
  • This regulated zone was further divided into four categories (CRZ 1-4) as per permitted land use
  • There have been about 25 amendments in this notification between 1991 and 2009
  • Rules re-issued in 2011
    • The difference between 1991 and 2011 rule is that the ‘no development zone’ has been reduced from 200 m from the high-tide line (HTL) to 100 m only to meet the increased demands of housing of fishing and other traditional coastal communities.
    • CRZ has been expanded to include territorial waters as protected zone
    • The concept of ‘hazard line’ has been introduced
    • Concept of classification of CRZ into four zones has been continued
  • CRZ I- ecologically sensitive areas such as mangroves, coral reefs, salt marshes, turtle nesting ground and the inter-tidal zone.
  • CRZ II- areas close to the shoreline, and which have been developed.
  • CRZ III- Coastal areas that are not substantially built up, including rural coastal areas.
  • CRZ IV- water area from LTL to the limit of territorial waters of India
    • A new category called areas requiring special consideration has been created which includes
      • CRZ areas of Greater Mumbai, Kerala and Goa
      • Critically vulnerable coastal areas such as Sunderbans
    • The list of exceptions to the rule prohibiting setting up of new industries and expansion of existing industries has been expanded