Class Notes 4 You

CONSTITUTIONAL MORALITY Introduction Ambedkar :  Constitutionalism should not be through direct action, rather by making constitutional institutions more stronger Pratap Bhanu Mehta :  idea of constitutional morality can be understood by Ambedkar's speech given at constituent assembly constitutional morality is what endures constitution George Grote's :  constitution survives because of adherence to constitutional morality Ambedkar clarified that constitutional morality needs to be separated from  substantive morality or ideals found in constitution conventions or the norms it is adherence to constitutionalism. need to follow constitutional principles for the sake of constitution by all sections of society why constitutional morality has important role in india? grammer of anarchy speech: due to disunity, self interest over collective interest, we may loose independence again india is diverse and solution to problems through democratic means only political democracy ...

SALIENT ....CONSTITUTION (PREAMBLE) Introduction  introduction or preface explain aim and objective of law written in technical language presence or absence of preamble don't make any differences part of constitution Berubari  judgement, 1960: preamble not part of constitution. followed US principle Keshwananda Bharti  case 1973: preamble is 'integral part' of constitution. ideals in preamble contain basic structure of constitution change? preamble brought by assembly as part of constitution amendment to preamble art 368 : describes procedure of amendment provision of constitution preamble is part, not provision Keshwananda case: even then can be amended why part of constitution? creative interpretation of SC preamble in US walks before constitution, preamble in india walks along the constitution preamble was passed in the last to maintain harmony in constitutional provisions and preamble since inconsistency may emerge due to amendment, preamble can be amended relevance of...

PERSPECTIVE ON INDIAN CONSTITUTION Introduction lot of discussions in assembly from different perspectives Various Debates nature of political system Modernist like Nehru and ambedkar: parliamentary Gandhi; panchayati raj nature of federation Hindu mahasabha: loose federation nehru, patel: strong center system nehru: parliamentary hindu mahasabha: presidential system of elections member of minority like  Pocker Sahib  demanded separate electorate Patel, GB Pant opposed- suicidal as won't be able to integrate member of minority like  Begum aizaas Rasool  opposed separate electorate Uniform Civil Code Pocker Sahib, Ismita Sahi  against UCC Hansa Mehta, Rajkumari Amrit kaur , KM Munshi  favoured longest debate on right to property DPSP Ambedkar, NG Ranga, Jaipal Singh : constitutionallly guaranteed nature of judiciary member suggested that appointment by judges only since to keep independence Ambedkar refused that  no Imperium within imperium  means ...

MAKING...CONSTITUTION (CONSTITUENT ASSEMBLY) Introduction context of debate argued that Indian constitution is not the will of the people neither the representation of all sections of society indian constitution is 'congress constitution' Churchill :  An assembly of Brahmins assembly neither elected by people nor people determined its structure and functioning Ambedkar :  he would be the first person to burn the constitution Evolution of constituent assembly 1922: Gandhi said that swaraj will be expression of Indian, not gift of british 1934: CWC adopted resolution that constituent assembly will be elected on the basis of Universal Adult Franchise in practice constituent assembly was gift of Britishers based on Cabinet Mission plan approved by parliament of British members were elected indirectly from provincial legislative assembly members from princely states were nominated 5% had right to vote constitution not put to referendum of people to know the will of people like in F...