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Constitution - Coggle Diagram
Constitution
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Layout of Indian Constitution
Fundamental Rights = Bill of Rights
Fundamental Duties = Duties of Citizens
Territorial Definition
Citizenship
Directive Principles = Unfinished laws without remedies
Institutions of State
Union
President & Vice President
Government / Executive
Parliament
Parliamentary Procedure
Judiciary - Supreme Court
Comptroller and Auditor General of India
Attorney General of India
States
Governor
State Government / Executive
State Legislature
Advocate General of State
State Judiciary - High Courts
Subordinate courts in the States
Union Territories
Village Panchayat
Municipalities
Scheduled and Tribal Areas
Relations between Union and States
Legislative Relations
Administrative Relations
Legal Framework of India
Central and State Government Finance
Central and State Government Borrowings
Property, Contracts, Rights liabilities, obligations and Suits
Trade Commerce and Intercourse within India
Bureaucrats and Technocrat = Services and Union and States
Tribunals
Elections = provisions for Election Commission
Reservations = Special provisions relating to certain Classes
Official Languages
EMERGENCY Provisions
Miscellaneous
Procedure for Amendment
Temporary Provisions
Short Title Commencement Etc.
Schedules
States and UT
Provisions for President / Governors / Judges / CAG etc.
Oaths and Affirmations
Allocation of seats in Council of States
Provisions for control of scheduled Tribal areas
Administration of Tribal Areas within NE states
Schedule - Union List / State List / Concurrent List
Languages
Validation of Acts and Regulations
Provisions as to disqualifications on ground of defections
11 Powers, authorities of Panchayat
Power authority and responsibilities of Municipalities
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Introduction to the Course
Why did we invent a Constitution?
What is a Constitution?
History of the Constitutions
Countries without Constitutions
Interesting aspects of different Constitutions
What are critical characteristics of a Constittutions
Is Constitutionalism the new Religion?
Development of Indian Constitutions
Features of Colonial Laws
Layout of Indian Constitution
Concept of Dharmic Constitution
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History of Constitutions
Rome - Normative Constitution
Limiting powers of army v Senate
Crossing the Rubicon
French Revolution
After the French Revolution, France went through 2 empires and 4 republics - the present one is the fifth republic.
American Constitution
Indian Constitutions
UN Declaration of Human Rights - Imputed Constitution?
Magna Carta - Is it a constitution?
Oldest Constitutions of the World
San Marino (Italian Micro State)
US
France
Rest of Europe
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Why we need a Constitution?
King is always right! OR King can do no wrong.
King derives power from God
Conflict between God's representative on earth (Pope) v God's descendant on earth (King)
Conflict between rights and privileges of God's representative on Earth and Gods creation on Earth?
We separate King from the State
A mechanism for resolving the rights of the State v rights of citizens.
Might is right - who is mightiest? - Best warrior? God's nominated person?
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Dharmic Concept of Constitution
People-centric Capitalism
King as socialist provider of last resort
Temple-centric socialism
Temple Banks
Temple Education Institutions
Temple Hospitals
Temple Law Centre
King responsible for Army and Police
Duty based laws
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Development of Indian Constitution
Historical Constitution of India
Dharmic Systems
Code of Conduct - Dharma of Kings - Raj-dharma
Bottom up governance systems of India
Islamic Rule - Sharia and Whimsical
East India Company Rule - Trade based extractive
Portuguese Christian Rule - similar to Sharia
British India's grant of Self Rule
Government of India Act 1919
Simon Commission
Government of India Act 1935
The Nehru Report
Gandhian Constitution - Aundh
Gandhian Constitution - Shriman Narayan Agarwal
Socialist Constitution - M N Roy
Hindu Mahasabha's Constitution
Constitutent Assembly
All Lawyers
B R Ambedkar
Benegal Narsing Rau
Design of Indian State
B. N. Rau's questionnaire with comparative notes
Gandhian ideas not followed
Continuity more important than being true to national psyche
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Features of Colonial Constitution & Laws
Rights come to the Colonial Power - then if allowed to people
Right of citizens V Right of the Ruler
Extractive and Controlling
Duty of State only at its convenience
Hence Summer holidays of Courts
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Countries without Constitution
Common Law Countries - UK/Canada/NZ
China - Country owned by the Communist Party
Israel & Saudi Arabia
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Interesting character of Constitution
The constitution is ABOVE all the pillars of the state
All Pillars of the State report to the Parliament - Executive, Administration and Judiciary & Parliament is below the Constitution
All the LAWS are below the Constitution
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Interesting Kinds of Constitutions
US Constitution
Twin constitutions - Federal and State
Very small document but quite effective
More Principle Based
All rights devolve upon the individual - HE chooses to give them away to the State
Document to limit the powers of the State
UK Common Law
Law is always what it was - as it is understood and interpreted by House of Lords
Anything can be done unless explicitly barred or limited by understanding of common law
Swiss Constitution
Everything , even citizenship is determined at the local level then shared with the state.
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What is a constitution?
Document describing
Rights of Citizens
Institutional Make up of the State
Grievance redressal mechanisms
How to resolve the conflicts between
different rights of same citizen
rights of different citizens
rights of state v right of citizens
rights v duties of citizens
rights of citizen v duties of state
Right of the State to act as international representative of citizens
Hierarchy and arrangement of different arms of the State
Document Limiting Power of the State
Vis-a-vis the citizens and individuals
Limiting power of State Insitutions
between various state institutions at same level of government (Judiciary v Executive)
Between various elements of State (Federal Gov V State Gov V City)
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Is Constitutionalism the new Religion in many countries? India specifically?
In form
Judges and Lawyers wearing funny clothes
Spouting funny jargon
Procedure given more importance than fact
No justice!
Over-reliance on traditions
In content
Judges importing international law
Rule of the unelected technocrats
Blind adherence to the book divorced from social realities
Legislature and the Executive differing to the Judiciary to determine course of action