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POLITICAL ENVIRONMENT


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POLITICAL ENVIRONMENT

y POLITICAL SYSTEMS:

1. DEMOCRACY:

PURE DEMOCRACY- Every individual is given the

right to rule & vote on every matter. REPUBLICAN DEMOCRACY- People elect their

representatives who in turn rule on behalf of thepeople.


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2. AUTHORITARIANISM:

It is a political arrangement in which individualfreedom is completely subordinated to the power ofauthority of the state. Here power is concentrated inthe hands of one person or in a small group, whichis not constitutionally accountable to the people.


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THREE POLITICAL INSTITUTIONS

y LEGISLATURE:

Rule making & most powerful body.

Unicameral & bicameral nature

Parliament Vs State legislature

y EXECUTIVE:

Rule implementing body.

Business has more interaction with this body.

Real & Nominal executive head

Permanent & Temporary executive


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y JUDICIARY: Rule adjudicating body. Ensures thatthe executive authority confirms to the rules laiddown by the legislature.

Three System of Laws-

Islamic law: teachings of Quran & ProphetMohammad.

Common law:based on wisdom of judges.

Civil law: codified legal system.


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y JUDICIAL ACTIVISM:

Suo moto action by the judiciary

It is no more passive now


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CONSTITUTION OF INDIA

y We the people of India having solemnly resolved toconstitute ourselves into a sovereign, socialist,secular, democratic republic and to secure to allcitizens:

Justice, social, economic and political; Liberty of thought, expression, belief, faith and

worship;

Equalityof status and opportunity

Fraternity assuming the dignity of individuals andunity and integrity of the nation.


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FUNDAMENTAL RIGHTS

y Article 12 to 35 of the Indian Constitution covers theFundamental Rights of the citizen of the country. Allthese Fundamental Rights indicate that all the citizensare equally treated by the nation irrespective of caste,

sex and creed.y Originally, the Right to property (Art 31) was also

included in the Fundamental Rights; however, theForty-fourth Amendment, passed in 1978, revised thestatus of property rights to a legal right (Art 300-A)

only.


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y The basic Fundamental Rights enumerated in Part IIIof the Indian Constitution are categorized under 7sections apart from the general segment. The sectionsare as follows:


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y General Rights:y Article 12: The Definition of Fundamental Rights is given in this Articley Article 13:The Article comprises Laws of inconsistent with or in

derogation of the Fundamental Rights

Right to Equality: (Art 14-18)

y Article 14: The provisions regarding Equality before Law are included inthis Article

y Article 15: Prohibition of discrimination on grounds of religion, race,caste, sex or place of birth is specified in this Article

y Article 16: This Article consists of Rights of Equality of opportunity inmatters of public employment

y Article 17: Abolition of untouchability is mentioned in this particularArticley Article 18: This Article provides details about Abolition of titles


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y Right to Freedom: (Art 19-22)

y Article 19: Protection of certain rights regarding freedom of speech, etc.are clearly specified in the Article

y Article 20: This Article states the Protection in respect of conviction foroffenses

y Article 21: Protection of life and personal liberty is mentioned in the

Articley Article 22: This Article deals with Protection against arrest and

detention in certain cases

Right against exploitation: (Art 23-24)

y

Article2

3: The details of Prohibition of traffic in human beings andforced labor are presented in this Article

y Article 24: The Article contains Prohibition of employment of childrenin factories, etc.


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y Right to Freedom of Religion: (Art 25-28)y Article 25: Particulars of Freedom of conscience and free profession, practice and

propagation of religion are clearly enumerated in this Article

y Article 26: The Article specifies the Freedom to manage religious affairs

y Article 27: Freedom as to payment of taxes for promotion of any particularreligion is stated in the Article

y Article 28: This Article includes Freedom as to attendance at religious instructionor religious worship in certain education institutions

Cultural and Educational rights: (Art 29-30)y Article 29: Protection of interests of minorities is specified in detailed form in

this Article

y

Article 30: Right of minorities to establish and administer educationalinstitutions is scripted in this very Article

y Article 31: The Article dealing with Compulsory acquisition of property has beenrepealed through the Constitution Act, 1978 under 44th Amendment


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y Saving of Certain Laws:

y Article 31A: This Article contains Savings of laws providing for acquisition of estates, etc.

y Article 31B: Validation of certain Acts and Regulations are mentioned in the Article

y Article 31C: This Article deals with Saving of laws giving effect to certain directive principles

y Article 31D: The Article dealing with Saving of laws in respect of anti-national activities hasbeen repealed by Constitution Act, 1977 and was recorded in the 43rd Amendment

Right to Constitutional Remedies: (Art 32)y Article 32: Remedies for enforcement of rights conferred by this part have been

included in the Article

y Article 32A: Repealed

y Article 33: This particular Article addresses the Power of Parliament to modifythe rights conferred by this Part in their application to forces, etc.

y Article 34: Restriction on rights conferred by this Part while martial law is inforce in any area is mentioned in the Article

y Article 35: This Article indicates the Legislation to give effect to the provisions ofthis Part


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DIRECTIVE PRINCIPLES OF STATE POLICY(PART IV)

y 36. Definition.In this Part , unless the context otherwise se require , the State has the same meaning as in Par t III.

y 37. Application of the principles contained in this Part .Theprovisions contained in this Part shall not be enforceable by any court ,but the principles therein laid down are never the less fundamental inthe governance of the country and i t shall be the duty of the State toapply these principles in making laws .

y 38. State to secure a social order for the promotion of welfareof the people.(1) The State shall strive to promote the welfare of thepeople by securing and protecting as effectively as it may a social orderin which justice, social , economic and political , shall inform al l theinstitutions of the national life.

y (2) The State shall , in particular , strive to minimize the inequalities inincome, and Endeavour to eliminate inequalities in status , facilities andopportunities , not only amongst individuals but also amongst groups ofpeople residing in different areas or engaged in different vocations .


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y 39. Certain principles of policy to be followed by the State.The State shall in particular , direct its policy towards securing

y (a) that the citizens , men and women equally, have the right to anadequate means of livelihood;

y (b) that the ownership and control of the material resources of thecommunity are so distributed as best to sub serve the common good;

y (c) that the operation of the economic sys tem does not result in theconcentration of wealth and means of product ion to the commondetriment ;

y (d) that there is equal pay for equal work for both men and women;

y (e) that the health and strength of workers , men and women, and thetender age of children are not abused and that citizens are not forced byeconomic necessity to enter avocations unsuited to their age or strength;

y ( f ) that children are given opportunities and facilities to develop in aheal thy manner and in conditions of freedom and dignity and thatchildhood and youth are protected against exploitation and againstmoral and material abandonment .


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y 39A. Equal justice and free legal aid.The State shallsecure that the operation of the legal system promotes justice, ona basis of equal opportunity, and shall , in particular , providefree legal aid, by suitable legislation or schemes or in any otherway, to ensure that opportunities for securing jus t ice are notdenied to any citizen by reason of economic or other disabilities .

y 40. Organisation of village panchayats .The State shalltake steps to organise village panchayats and endow them withsuch powers and authority as may be necessary to enable them tofunction as units of self government

y 41. Right to work, to education and to public assistancein certain cases .The State shall , within the limits of its

economic capacity and development , make effective provisionfor securing the right to work, to education and to publicassistance in cases of unemployment , old age, sickness anddisablement , and in other cases of undeserved want .


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y 44. Uniform civil code for the citizens .The State shallendeavour to secure for the citizens a uniform civil codethroughout the territory of India.

y 45. Provision for free and compulsory education forchildren.The State shall endeavour to provide, within aperiod of ten years from the commencement of this Constitution,for free and compulsory education for al l children until theycomplete the age of four teen years.

y 46. Promotion of educational and economic interests ofScheduled Castes , Scheduled Tribes and other weaker

sect ions .The State shall promote with special care theeducational and economic interests of the weaker sect ions of thepeople, and, in particular , of the Scheduled Castes and theScheduled Tribes , and shall protect them from social injusticeand all forms of exploitation.


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y 47. Duty of the State to raise the level of nutrition and thestandard

y of living and to improve public health.The State shall regard theraising of the level of nut r i t ion and the standard of living of i t speople and the improvement of public health as among its primaryduties and, in particular , the State shall endeavour to bring aboutprohibition of the consumption except for medicinal purposes ofintoxicating drinks and of drugs which are injurious to health.

y 48. Organization of agriculture and animal husbandry.TheState shall endeavour to organize agriculture and animal husbandry onmodern and scientific lines and shall , in particular , take steps forpreserving and improving the breeds , and prohibiting the s laughter , ofcows and calves and other milch and draught cattle.

y 48A. Protection and improvement of environment andsafeguarding of forests and wild life.The State shall endeavourto protect and improve the environment and to safeguard the forestsand wild life of the country.


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y 49. Protect ion of monuments and places and objects of national

y importance.It shall be the obligation of the State to protect everymonument or place or object of artistic or historic interest , declared byor under law made by Parliament to be of national importance, fromspoliation, disfigurement , destruction, removal , disposal or export , asthe case may be.

y

50. Separation of judiciary from executive.The State shall takesteps to separate the judiciary from the executive in the public servicesof the State.

y 51. Promotion of international peace and security.The Stateshall

y endeavour toy (a) promote international peace and security;y

(b) maintain jus t and honorable relations between nations ;y (c) foster respect for international law and treaty obligations in the

dealings of organized peoples with one another ; andy (d) encourage settlement of international disputes by arbitration.

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