POLIS 1104 Chapter Notes - Chapter 7: 18 Months, Lower House, Upper House

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India Reading Guiding Questions
Chapter 3
1. Ho do the authors oet o the proess of draftig idepedet Idia’s ostitutio?
They call it a triumph of modernists over neo-traditionalists, who drew on the US and British
constitutional systems and were influenced by liberal democratic societies of the west.
2. When writing about the constitution, the authors mention the conflict between two sets of
politial ideas aout idepedet Idia’s politial sste. What ere those ideas, hih
ideas won the contest and why?
The Contest was between the Modernists and the Neo-traditionalists.
Neo-traditionalists wanted a highly decentralized, partless sste like Mar’s ideals ased o
village councils or Panchayats. These would have direct elections for the councils and then other
political institutions would be elected indirectly.
The Modernists won the contests however.
3. Does Idia’s Costitution restrict personal freedoms? How and why?
It gives positive freedoms, which let you do things. They do not restrict personal freedom, in fact it
advocates for freedom of speech, expression, to form associations, movement, assembly of peaceful
protest without arms, religion, worship, and prohibits discrimination in administrative, political, and
social life on the basis of caste, creed, sex, or social origin. These personal freedoms are protected by
the courts, as the Indian Judiciary has been active in protecting these basic rights and freedoms.
4. Note ho Idia’s Costitutio regulates ostitutioal aedets.
The constitution has three sections when discussing amendments.
Creation of new states out of existing ones, and the creation/abolition of the second chambers of
state legislatures can be amended by a simple parliamentary majority.
The second section which deals with fundamental rights is amended through a 2/3 majority vote in
the parliament.
The last section deals with fundamentals of government such as offices of president, PM, and the
powers of the Supreme Court, needs a 2/3 majority of parliament as well as ratification by a majority
of state legislative assemblies
5. Ho is Idia’s presidet eleted? What are the ostitutioal poers of Idia’s presidets?
Elected by an electoral college as the Indian President is the Chief of State rather than the head of
government. The electoral college consists of elected members of legislative assemblies existing in
the 28 Indian member states. Members can give their 1st and 2nd preference when voting. If no clear
majority for a candidate in winning the votes, the second preference votes cast for the losing
candidate are transferred to the other candidates. This continues until someone has a clear majority
of votes.
The president can be removed through impeachment in the parliament. They are elected for 5 year
terms. In times of national crisis, the president can declare a state of emergency.
6. Ho are Idia’s goerets fored?
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Document Summary

The contest was between the modernists and the neo-traditionalists. Neo-traditionalists wanted a highly decentralized, part(cid:455)less s(cid:455)ste(cid:373) (cid:894)like mar(cid:454)"s ideals(cid:895) (cid:271)ased o(cid:374) village councils or panchayats. These would have direct elections for the councils and then other political institutions would be elected indirectly. It gives positive freedoms, which let you do things. These personal freedoms are protected by the courts, as the indian judiciary has been active in protecting these basic rights and freedoms: note ho(cid:449) i(cid:374)dia"s co(cid:374)stitutio(cid:374) regulates (cid:272)o(cid:374)stitutio(cid:374)al a(cid:373)e(cid:374)d(cid:373)e(cid:374)ts. The constitution has three sections when discussing amendments. Creation of new states out of existing ones, and the creation/abolition of the second chambers of state legislatures can be amended by a simple parliamentary majority. The second section which deals with fundamental rights is amended through a 2/3 majority vote in the parliament. Elected by an electoral college as the indian president is the chief of state rather than the head of government.

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