Published on: Mar 4, 2016
Transcripts - Pol.sc. 1
A document having a special legalwriting. Contains the principle & functions of theorgans of the goverment of a state. It contains the ideas & aspirations of thepeople.
State 4 elements Population Territory Sovereignty: the supreme decisionmaking power Government
Two types of sovereigntn makingy: Internal External Internal means law made by the statewill be binding on every individual &organisation within the territory. External refer to the independence inforeign 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 ofrepresentative. England: 2 houses: 1. lord 2. the house ofcommons.
Legislature( to make law) Executive ( to implement law) Judiciary ( to adjudicate law) Permanent executives: civil servants Temporary executives: minister
Lok sabha : 552 present time: 545 Rajya sabha: 250 present.time:245 Judiciary : The Indian Judiciary is partly acontinuation of the British legal systemestablished by the English in the mid-19thcentury based on a typical hybrid legalsystem in which customs, precedentsand legislative law have validity of law.
Philosophical aspect: Preamble Fundamental duties Fundamental rights Directive principle
Governmental aspect: Union government State government Local self government
1. written 2. unwritten Written : a written constitution is thatconstitution the provision of which havebeen codified in single document. Codification means: the systematicarrangements of the various & provisionof the constitution.
An enacted constitution which has beenframed by a body of persons in aprescribed time. Ex: American constitution was framed byphiladelphia convention. Indian constitution was framed by theconstituent assembly. Supremacy of constitution because allthe 3 organs of the govt. they owe their
Origin & deprived their power &functions from constitutions. UNWRITTEN: An unwritten constitutionsdoes not mean that the provisions havenot been written down but they havenot been codified or systematicallyarranged.
An unwritten constitution it is an involvedconstitution. Ex: english constitution has beeninvolving in 1215 A.D. THAT IS TIME OFMAGNACARTA. English constitution is based on: statues:law of the legislative conventions. Common law: the conventions aresigned by the judiciary.
Commentaries of scholars Statutory: the law made by theparliament. Constitution: written in constitution ofindia . Supremacy of parliament Unitory federal
Framing of the constitution: The members of constituent assemblywere elected by the members ofprovincial assembly. The election to the constituent assemblytook place in july 1946 In the election the indian nationalcongress emerged as the largest politicalparty. The muslim league came second.
The first session of constituent Assemblywas held on 9th dec 1946 it was presidedover by dr. sachidanand sinha. Themuslim league by cotted the session ofdemanded a separate constituentassembely for pakistan. On 11th dec 1946 the constituentassembly elected by dr. rajendra parsadas its president & chairman dr. B.R.AMBEDEKAR.
B.N.RAO: Legal/ constitutional wasappointed as legal/ constitutionaladvisor 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, sardarpatel.