CONSTITUTION ASSIGNMENT NO.

2
NAME –TATHAGAT KUMAR
CLASS-BBA FIA ,1B
ROLL NO-22421

1.Separation of Powers
In India, a separation of functions rather than of powers is followed.
Unlike in the US, in India, the concept of separation of powers is not
adhered to strictly. However, a system of checks and balances have
been put in place in such a manner that the judiciary has the power to
strike down any unconstitutional laws passed by the legislature.

Today, most of the constitutional systems do not have a strict

separation of powers between the various organs in the classical sense
because it is impractical. In the following sections, we will see the
prevailing system in India, what the relationship between each organ is,
and the constitutional provisions thereof. Before proceeding with the
relationships, let us examine in brief what the functions of each organ
of the government are.

What is the Legislature?

The chief function of the legislature is to enact laws.It is the basis for
the functioning of the other two organs, the executive and the
judiciary.It is also sometimes accorded the first place among the three
organs because until and unless laws are enacted, there can be no
implementation and application of laws.

What is the Executive?

The executive is the organ that implements the laws enacted by the
legislature and enforces the will of the state.It is the administrative
head of the government.Ministers including the Prime/Chief Ministers
and President/Governors form part of the executive.

What is the Judiciary?

The judiciary is that branch of the government that interprets the law,
settles disputes and administers justice to all citizens. The judiciary is
considered the watchdog of democracy, and also the guardian of the
Constitution.It comprises of the Supreme Court, the High Courts,
District and other subordinate courts.

2.Rule of Law
Arbitrary power is today resented and feared in States which retain
their faith in a democratic government. In a democratic society, most
people understand by “Rule of law” a state of affairs in which there are
legal barriers to governmental arbitrariness and legal safeguards for the
protection of individual and procedural and legal transparency. Thus
Rule of law implies absolute supremacy or predominance of regular
law. It assures that an individual can ascertain with reasonable certainty
what legal powers are available to the government if his private rights
are infringed or affected. The concept of rule of law as formulated by
A.V Dicey in the 19th century explained it as inconsistent with arbitrary
or wide discretionary authority on part of the government.

It also implies equal subjection of all classes to the ordinary law of the
land as administered by the ordinary law courts. It does not exempt the
officials and others from the duty of obedience to the law which
governs other citizens or from jurisdiction of ordinary tribunals. The
Preamble to the Charter of United Nations provides “to establish
conditions under which justice and respect for the obligations arising
from treaties and other sources of international law can be maintained”
The Universal Declaration on Human Rights also states that “… it is
essential, if man is not to be compelled to have recourse, as a last
resort, to rebellion against tyranny and oppression, the Human rights
should be protected by the rule of law…” The concept of rule of law is
closely associated with the principle of justice and governance,
ensuring accountability, answerability and fairness in the protection
and enforceability of rights and the prevention and punishment of
wrong. It applies both at the national and international level. It entails
no one is above the law and its essential features include supremacy of
law, concept of justice, absence of discretionary power, doctrine of
precedent, independent judiciary and exercise of legislative power by
the Parliament and restrictions on exercise of legislative power by the
executive.

3. Socialism
Socialism is a politico-economical concept which means state
ownership of the means of production and distribution.The objective of
socialism here is to ensure that the production should fulfill the need
and desires of its public and distribution should be fair and
equitable.Citizens in a socialist society rely on the government for
everything, from food to healthcare. Examples of socialist countries
include the Russia, Cuba, China, and Venezuela. In contemporary world,
no country is socialist in true sense.

SOCIALISM IN INDIA:

Socialism in India grew as a political movement in response to the

exploitation done by the Britishers and the zamindars. It was
popularized by many leaders and after independence, India adopted
socialism as its economic setup.During independence struggle in 1920s
and 1930s, a powerful left-wing group developed contributing to the
radicalization of the national movement. Socialist ideas acquired roots
in the Indian soil and socialism became accepted creed of the Indian
youth whose urges came to be symbolized by Jawahar Lal Nehru and
Subhash Chandra Bose.Gradually there emerged two powerful political
parties of the Left, the Communist Party of India (CPI) and the Congress
Socialist Party (CSP). In Bombay, S.A Dange published a pamphlet
Gandhi and Lenin and started the first socialist weekly, The Socialist.
Jawahar Lal Nehru and Subhash Chandra Bose toured the country
attacking Imperialism, capitalism and landlordism and preaching the
idea of socialism.The revolutionary nationalist led by Chandrashekhar
Azad and Bhagat Singh also turned to be socialism.In 1928, Nehru
joined hand with Bose to organize the Independence for India League
to fight for complete independence and the socialist revision of
economic structure of society.Within the congress the socialist
tendency found reflection in the election of Nehru as president for
1936 and 1937 and of Subhash Bose for 1938 and 1939 and in the
formation of Congress Socialist Party.
4.Secularism and Sarva Dharma Samabhava
India has many religions and to give freedom of religion to everyone
and for equality of religion, India was declared a secular country. The
word secular was added into the preamble by the 42th Amendment
(1976). As per this there would be equality of all religions in India, along
with religious tolerance and respect. As per the written Constitution of
India, India is a secular country and we as citizens of India must abide
by it. Even the old age philosophy of oneness of religion has been
mentioned in Hindu scriptures known as the Upanishads. The
Upanishads preach ‘Sarva Dharma Samabhava’ which means respect
for all belief systems. Everything in India revolves around religion and
with time religion has flourished with Indian civilization. In Feudal India,
where authority lay in the sword, there was almost complete religious
tolerance. People from different religions used to live in peace and
harmony and there was complete respect for each other’s religion. Few
clashes and controversies occured during that time, though later with
the coming of the Mughals, people were forced to adopt Islam by
autocratic ruler like Aurangzeb.

5.Equality before Law and Equal Application of Law

Article 14 of the Indian Constitution - Equality before law

Article 14 of the Indian constitution of India provides that the state

shall not deny to any person Equality before the law or the equal
protection of the laws in the Territory of India.Article 14 uses two
expressions "Equality before law "which implies the absence of any
special privileges in favour of individuals and the subject of all classes to
the ordinary law and equal protection of the law which implies "Equal
Treatment in Equal Circumstances""Equality before law" means that
among equals the law should be equal and should be equally
administered, that like should be treated alike. The right to sue and be
sued , to prosecute and be prosecuted for the same kind of action
should be same for all the citizens of full age and understanding
without distinction of race, religion, wealth ,social status or political
influence.Article 14 permits classification but prohibits class legislation.
Class legislation is that which makes an improper discrimination by
conferring particular privileges upon a class of person arbitrarily
selected from a large number of persons. Article 14 does not forbid
reasonable classification of persons, Objects, transactions by the
legislature for the purpose of achieving specific ends but the
classification should be reasonable.

6.Fraternity : Dignity ,Unity,and Integrity

Fraternity refers to a spirit of brotherhood, a sense that everyone is a
child of the same soil, a child of the same motherland. "As the
committee felt the need for fraternal concord and the goodwill in India
was never greater than by then in this particular aim of the new
Constitution should be emphasised by special mention in the
preamble," a drafting committee of the constituent assembly added the
term to the preamble.The drafting committee recognised India's
diversity in terms of race, religion, languages, and cultures. The
fraternity is the glue that holds the inherent differences together.
Fraternity refers to brotherhood, which must be promoted in a country
made up of people of various races and religions.Brotherhood is a
special kind of relationship that unites all people, regardless of gender
or generation. Only if there is a spirit of brotherhood and oneness
among the people of the land will a democratic system function
properly. Fraternity is impossible to achieve unless each individual's
dignity is preserved and mutually respected. The desire to form a
company opens the door to fraternity. Fraternity is promoted by
peaceful coexistence, living and letting live others, mutual
understanding, feelings for inter-se cooperation, attitude of
adjustment, sacrifice, to be useful to others, enjoyment of common
wealth, solidarity for the defence of all, and other good human
qualities.In this regard, the phrase 'to promote among them all'
preceding the word 'fraternity' is significant. 'Among them, all'
promotes—especially the word 'all'—not only among the poor, but also
among India's entire population. 'Do hereby adopt, enact, etc.' is taken
from the last line of the Irish constitution's preamble. Fraternity,
according to the Supreme Court, is "a sense of common brotherhood
among all Indians." In a country like ours, where there are so many
disruptive forces such as regionalism, communalism, and linguism, it is
necessary to emphasise and re-emphasize that only a spirit of
brotherhood can preserve India's unity and integrity. India has a single
citizenship, and every citizen should feel first and foremost that he is an
Indian.

7.Federal Republic In India

India has a federal system of government, but it leans more toward a
unitary one. Given that it has elements of both a federal and a unitary
system, it is occasionally referred to as a quasi-federal system. India, or
Bharat, must be a union of states, according to Article 1 of the Indian
Constitution. The constitution omits using the word “federation.”The
Government of India Act of 1919, which divided powers between the
federal government and the province legislatures, introduced elements
of federalism into modern India.

India as a Federal State

Due to the separation of powers between the federal and state

governments, India is a federal country. There are three lists between
the central and state governments in India.

Union List

It includes topics with significant national implications, like the military,

foreign affairs, finances, banking, and communications. The union
government has the authority to enact laws in the regions listed on the
union list.

State List

It covers issues like irrigation, law enforcement, and the economy that
are important on a global, regional, and local scale. Only the state
government has the power to establish laws on the issues on this list.

Concurrent List

It covers subjects that are of equal concern to the federal and state
governments. The judiciary has outlined the supremacy of the
constitution as its fundamental structure that cannot be altered. The
constitution of India is the top law.Independent judiciary is something
that the constitution guarantees, along with integration. Lower and
district courts are located at the lowest levels, state-level high courts
are located in the middle, and the Supreme Court of India is located at
the very top. The Supreme Court is supreme above all other courts.