Class Notes 4 You

  KM Munshi  Horoscope  of our sovereign democratic republic  Ernst Barker Preamble as the key  note  of the constitution  KC Wheare One of the best written  preambles Is Preamble part of C?  Berubari  union case, 1960 - not part ( just like USA) 1973  Kesu  case - is part, because adopted by CA by the motion. Can P be amended? can be amended using art 368. why? to ensure harmony b/w P and C's article. Significance of P - AK  Gopalan  case,1950 - to be used only when there is ambiguity. Berubari case - Preamble is key to open mind of CA In kesu case, 1973 - P contains the noble vision for the state and C should be interpreted in the light of P.

  James Manor Const assly lacked understanding wrt to instil of Prez they were creating and left it on time to settle the controversy - expected that healthy convention will emerge Many prez have been activist prez  Walter Bagehot 2 executives in Britain - real and dignified  Queen - Friend, philosopher and guide to the govt 3 powers- Right to warn, right to be informed, right to guide Activist Prez (presidential altruism) : PM and Pres from different parties . Constitution does not create activist pres. Rajendra Prasad despite same party believed Indian prez not like British queen-  'a Golden zero' - Indian pres is not ' A rubber stamp pres' Gyani Zail Singh Pocket veto over bill proposed by Rajiv Gandhi  KR Narayan  Rejection of imposition of Art 356 in UP Gave interview on republic day on DD against the conventions NAM on Prez Bill Clinton  APJ Abdul Kalam   Populist prez Not expected for prez to have high level of engagement with the people Co...

  DoBS Zia Mody 10 judgements that changed India Blessing in disguise  Uncertain democracy is preferable over certain tyranny   DPSP and FR create huge dillema for judiciary. Judiciary went for harmonious relationship between two. But Govt brought 9th schedule- called " Black hole of constutution " DPSPs Came from instrument of instruction. Can make heaven on earth. Some call them pious declaration. Dustbin of sentiment.  BR Ambedkar DPSPs don’t have legal sanctions but enjoy  political sanctions BN Rau Initially presented together lack of resources  If DPSPs made enforceable, country would have gone to a  constitutional crisis  Granville Austin  DPSPs are  conscience of the constitution  Preamble, FRs, DPSPs are  soul of the constitution   Indivisible Together form an  integrated scheme  Reservation Policy  Strongest Affirmative action  US SC -unconstitutional  RC Guha  Defend  Amit...

  India grows at night-   Gurucharan Das Gandhi Not an economist in conventional sense  Hind Swaraj Swaraj - Minimisation of wants 3 pillars  Econ growth ,Redistributive justice,Moral regeneration  Gandhian Plan Reform of Agri, Revival of Cottage for the need and not for greed Non violence - towards nature Trusteeship and not statism - Bhudaan  Not against industrialisation  against Machines replacing man (Production by masses rather than mass prod n  and Acc of wealth  Khadi and Village MSMEs Not adopted  India and Bharat gap  SN Agrwal-  made  Gandhian planning Nehru Progressive Socialism -Gandhi -people led, Nehru - State led Mahalanobis Model - Nehru- admirer of modernity, Gandhi-critic of modernity Influenced by Russian Growth and Laski's Fabian socialism. PSU,Heavy industries, IITs, Dams, State led socialism Land reforms- 1st Const Amend. Best of both world- growth of capitalism, equity of socialism without the viole...