POLITICAL SCIENCESTUDY MATERIAL

MADE BY : ABHISHEK PANDEY

constitution

A document having a special legal writing.

Contains the principle & functions of the organs of the goverment of a state.

It contains the ideas & aspirations of the people.

State 4 elements Population Territory Sovereignty: the supreme decision

making power Government

Two types of sovereigntn makingy: Internal External Internal means law made by the state

will be binding on every individual & organisation within the territory.

External refer to the independence in foreign policy decision making. Ex------there is no side influence in the conduct

Of foreign relation. The legislation of america is u.s.

congress Two houses: 1. senat 2. the house of

representative. England: 2 houses: 1. lord 2. the house

of commons.

GOVERMENT

Legislature( to make law) Executive ( to implement law) Judiciary ( to adjudicate law)

Permanent executives: civil servants Temporary executives: minister

Member

Lok sabha : 552 present time: 545 Rajya sabha: 250 present.time:245

Judiciary : The Indian Judiciary is partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs, precedents and legislative law have validity of law.

Constitution

Philosophical aspect: Preamble Fundamental duties Fundamental rights Directive principle

Constitution

Governmental aspect: Union government State government Local self government

Types of constitution

1. written 2. unwritten

Written : a written constitution is that constitution the provision of which have been codified in single document.

Codification means: the systematic arrangements of the various & provision of the constitution.

An enacted constitution which has been framed by a body of persons in a prescribed time.

Ex: American constitution was framed by philadelphia convention.

Indian constitution was framed by the constituent assembly.

Supremacy of constitution because all the 3 organs of the govt. they owe their

Origin & deprived their power & functions from constitutions.

UNWRITTEN: An unwritten constitutions does not mean that the provisions have not been written down but they have not been codified or systematically arranged.

An unwritten constitution it is an involved constitution.

Ex: english constitution has been involving in 1215 A.D. THAT IS TIME OF MAGNACARTA.

English constitution is based on: statues: law of the legislative conventions.

Common law: the conventions are signed by the judiciary.

Commentaries of scholars Statutory: the law made by the

parliament. Constitution: written in constitution of

india . Supremacy of parliament Unitory federal

Framing of the constitution: The members of constituent assembly

were elected by the members of provincial assembly.

The election to the constituent assembly took place in july 1946

In the election the indian national congress emerged as the largest political party. The muslim league came second.

The first session of constituent Assembly was held on 9th dec 1946 it was presided over by dr. sachidanand sinha. The muslim league by cotted the session of demanded a separate constituent assembely for pakistan.

On 11th dec 1946 the constituent assembly elected by dr. rajendra parsad as its president & chairman dr. B.R. AMBEDEKAR.

B.N.RAO: Legal/ constitutional was appointed as legal/ constitutional advisor to a constituent assembly.

22 committees are setup

Committees : Rules committee Drafting committee

Union constitution State provincial

Chairman: dr. rajendra parsad , dr. b.r.ambedkar, pandit nehru, sardar patel.